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(Ebook) The Sagebrush State: Nevada's History, Government, and Politics by Michael W. Bowers ISBN 9780874176827, 0874176824 Digital Download

Educational resource: (Ebook) The Sagebrush State: Nevada's History, Government, and Politics by Michael W. Bowers ISBN 9780874176827, 0874176824 Instantly downloadable. Designed to support curriculum goals with clear analysis and educational value.

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POLITICAL SCIENCE/NEVADA HISTORY

BOWERS
THE SAGEBRUSH STATE
PRAISE FOR Nevada’s History, Government, and Politics Third Edition
The Sagebrush State:
MICHAEL W. BOWERS
“This is a volume that would be a worthwhile addition

THE SAGEBRUSH STATE


Nevada’s History, Government, and Politics Third Edition
to the bookshelf of anyone looking for a reliable reference
work on Nevada government and politics. It will appeal to
anyone seeking to understand those subjects in the con-
text of a turbulent past which, in many ways, is strikingly
unique among states of the West and the nation.”
— Western Historical Quarterly

“In Nevada, as elsewhere, historical and environmental


forces have influenced government and politics. Michael
W. Bowers’ book succeeds in capturing the dynamics of
this process. This concise work explains how Nevada
government actually works and how the area’s history
has shaped its political culture.”
— Journal of the West

Since its publication in 1996, The Sagebrush State has


served as the text for the required course on Nevada’s
history and constitution given at the state’s colleges and
universities. The third edition of this work is updated
through 2006 to include information on the elections of
2002 and 2004 and two very controversial sessions of
the Legislature.
The full text of the state constitution is provided for
reference in an appendix and includes extensive annota-
tions that note and explain amendments and other
changes made to the original 1864 document.
ILLUSTRATION: James Shay Yellow Swale, 2005.
Casein on panel, 65" x 50". Digital image courtesy
Michael W. Bowers is professor of political science and
of Stremmel Gallery.
public law, and Vice Provost for Academic Affairs at the DESIGN: Carrie House / HOUSEdesign llc

University of Nevada, Las Vegas. He has published many


scholarly articles. ISBN 10: 0-87417-682-4
ISBN 13: 978-0-87417-682-7

UNIVERSITY OF NEVADA PRESS NEVADA


The Sagebrush State

Third Edition
Wilbur S. Shepperson Series
in History and Humanities
MICHAEL W. BOWERS

The Sagebrush State

Nevada’s History,
Government, and Politics

Third Edition

University of Nevada Press Reno & Las Vegas


Wilbur S. Shepperson Series The Library of Congress has cataloged the

in History and Humanities earlier edition as follows:

Series Editor: Jerome E. Edwards Bowers, Michael Wayne.

University of Nevada Press, The Sagebrush State : Nevada’s History,

Reno, Nevada 89557 usa government, and politics /

Copyright © 1996 Michael W. Bowers. — 2nd ed.

by University of Nevada Press p. cm. — (Wilbur S. Shepperson series in

New material copyright © 2006 history and humanities)

by University of Nevada Press Includes bibliographical references

All rights reserved and index.

Manufactured in isbn 0-87417-516-x (pbk. : alk. paper)

the United States of America 1. Nevada—History 2. Nevada—Politics

and government.
Third Edition isbn-13: 978-0-87417-682-7;
I. Title. II. Wilbur S. Shepperson series
isbn-10: 0-87417-682-4
in history and humanities

The paper used in this book (Unnumbered)

meets the requirements of f841.b593 2002

American National Standard for 979.3—dc21 2002004788

Information Sciences—Permanence

of Paper for Printed Library Materials,

ansi z39.48-1984. Binding materials

were selected for strength and durability.

15 14 13 12 11 10 09 08 07 06

5 4 3 2 1
This One’s For

A. L. S.
Contents

List of Illustrations and Tables ix


Preface to the Third Edition xi
Preface xiii
Chapter One
Nevada: Origins and Early History 1
Chapter Two
Nevada Territory and Statehood 15
Chapter Three
Civil Rights and Liberties in Nevada 28
Chapter Four
Political Parties and Elections 45
Chapter Five
Interest Groups and Lobbying 59
Chapter Six
The Nevada Legislature 66
Chapter Seven
The Nevada Executive 78
Chapter Eight
The Nevada Judiciary 91
Chapter Nine
City and County Governments 105
Chapter Ten
State and Local Finance 110

vii
viii Contents

Chapter Eleven
Nevada: Past, Present, and Future 122
Appendix: The Constitution of the State of Nevada 139
Notes 251
Selected Bibliography 259
Index 263
Illustrations and Tables

Figure
8.1 Structure of the Nevada State Judicial System 96
Map
2.1 Territory and State of Nevada 24
Tables
3.1 Racial Diversity in Nevada, 2004 29
3.2 Asian Population of Nevada, 2000 33
3.3 Hispanic and Latino Population of Nevada, 2000 39
4.1 Voter Registration in Nevada by Party in Presidential Election
Years, 1960–2004 46
5.1 Lobbyist Growth in the Nevada Legislature, 1975–2005 62
6.1 Party Control of the Nevada Legislature, 1961–2005 73
6.2 Standing Committees in the Nevada Legislature, 2005 74
6.3 The Nevada Legislature, Famous Firsts 76
7.1 Governors of Nevada, 1864–2006 82
7.2 Party Control of the Executive Branch, State of Nevada,
1864–2006 87
7.3 The Nevada Executive, Famous Firsts 90
8.1 Judicial Districts in Nevada, 2006 99
8.2 The Nevada Judiciary, Famous Firsts 103
9.1 Nevada Counties 106
9.2 Nevada’s Incorporated Cities 108
10.1 Nevada General Fund Revenues by Source, 1977–2007 113
10.2 Nevada General Fund Appropriations by Type, 1977–2007 118
10.3 Nevada General Fund Revenue, Adjusted Economic Forum
Forecast, 2005–2007 Biennium 119
10.4 Nevada General Fund, Legislature-Approved Appropriations,
2005–2007 Biennium 120
11.1 Population of Nevada, 1860–2005 132
Preface to the Third Edition

Since the second edition of The Sagebrush State was published in early 2002 the
state of Nevada has seen a great deal of political change. In addition to the elec-
tions of 2002 and 2004 and the new officeholders who assumed their duties dur-
ing that time, there have been two very contentious regular sessions of the leg-
islature and multiple special sessions.
After the 2002 elections, one party controlled all six constitutional offices for
the first time since 1946, and for the first time since 1890 it was the Republican
Party. With the exception of its majority in the assembly, one of the two U.S.
Senators, and one of the three members of the U.S. House of Representatives,
the Democrats appear to be quickly losing ground in the Sagebrush State. Also
for the first time (ever) a state official was not only impeached but also convicted.
In its own brand of wisdom, however, the state senate allowed the convicted of-
fender, Controller Kathy Augustine, to serve out her term in office and escape
with only censure.
Also of note is the 2003 legislative session that approved over $800 million in
new taxes with the barest of majorities needed. As all expected, the session was
contentious, leading to charges and countercharges and, ultimately, to a state
supreme court decision and two special sessions of the legislature. Ultimately, all
who touched the situation were harmed in some way and no one came out look-
ing especially heroic. Out of such sausage making, however, often comes good,
as it did in this case by allowing the state to avoid making huge cuts in necessary
spending on education, health, and human services.
After the pyrotechnics of the 2003 session, the 2005 session was relatively
calm, resulting in property tax caps that were not enough for some and too much
for others. This, of course, creates greater reliance than ever on unstable sources
of taxation and may cause greater concerns in the future if, or rather, when, the
state’s economy faces one of its periodic slumps. In spite of its general calmness,
however, legislators could not avoid another special session.
I hope that readers of this revised and updated edition will find discussions of
these and other topics to be educational as well as interesting. As usual, there are
many people to thank but I am most grateful, once again, to Brian Davie and Kay
Graves of the Legislative Counsel Bureau for their assistance in tracking down
even the most elusive of facts.

xi
xii Preface to the Third Edition

And, of course, I must once again thank all of the great folks at the University
of Nevada Press for their helpfulness, cheerfulness, and assistance in creating all
three editions of this work.
Preface

When I first began discussing this book with Nicholas Cady and Thomas R.
Radko of the University of Nevada Press some years ago, I had in mind a rela-
tively short work that would provide readers with an overview of Nevada his-
tory and government. I thought then, as I do now, that many Nevadans and
non-Nevadans would be interested in a concise work that would allow them to
understand Nevada’s intriguing past and its effects on the present and future di-
rection of the state. A work of that type could be utilized as a supplementary text
in the state’s universities and community colleges and would, perhaps, also find
a niche among high school students and members of the general public.
These thoughts and discussions brought about The Sagebrush State. Through-
out the writing of this book I have attempted to be true to my original intent to
provide a concise work that could be revised on a regular basis to reflect changes
in the state and its politics. Certainly this work does not pretend, nor was it ever
intended, to be a comprehensive volume on every detail of Nevada history and
politics; for that degree of thoroughness, the reader is directed to the bibliogra-
phy. A great debt is owed by this author and all others in the field to those pio-
neering historians and political scientists who have taught us what we now know
about the state: Hubert Howe Bancroft, Eleanore Bushnell, Don Driggs, Russell
Elliott, James Hulse, Effie Mona Mack, William Rowley, Elmer Rusco, and many
others too numerous to mention.
In addition, I would like to specifically thank Eugene Moehring of the History
Department at the University of Nevada, Las Vegas, and Michael Green of the
Community College of Southern Nevada for their assistance and counsel dur-
ing the research and writing process. Were it not for their insights, this book
would be the poorer. Brian Davie of the Legislative Counsel Bureau and Sidney
Watson of the Government Documents Division of the James L. Dickinson Li-
brary at unlv provided regular assistance in my quest for obscure facts and fig-
ures. I would also like to thank Leonard E. “Pat” Goodall for providing me with
a draft of his forthcoming omnibus book with Don W. Driggs, Nevada Politics
and Government: Conservatism in an Open Society. I am grateful to Trudy
McMurrin of the University of Nevada Press for her unflagging devotion to see-
ing this work in print and her regular phone calls to ask, “So, how’s the book
coming?”
I would also like to thank Dean Guy Bailey of the College of Liberal Arts and

xiii
xiv Preface

the staff of the Dean’s office (Joyce Nietling, Leslie Marsh, Judy Ahlstrom, Jeremy
Wirtjes, and Mike Comstock) for all they have done to ease my burdens as an
administrator. Without them, I would be unable to pursue the joys of research,
writing, and teaching.
Any errors to be found within these pages must, of course, remain mine alone.
The Sagebrush State
Chapter One

Nevada
Origins and Early History

Early Exploration

Although archaeological excavations indicate the migration from Asia of pre-


historic peoples to the area now known as Nevada as early as 12,000 years ago,
the state’s written history can be said to have begun in 1776, the same year the
American colonists in the East launched their war for independence against the
British Crown. In the spring of that year, a Spanish Franciscan missionary, Fa-
ther Francisco Garcés, and two Indian guides broke off from the second expedi-
tion of Captain Juan Bautista de Anza at the present-day site of Yuma, Arizona,
to discover a shorter, more direct route between Santa Fe and the Spanish mili-
tary presidio at Monterey. During the course of his exploration, it is believed, Fa-
ther Garcés crossed the southernmost tip of what is today the state of Nevada.1
It is also possible that a Spanish expedition of fifty-five soldiers led by Gabriel
Morara entered the southern portion of what we now call Nevada in 1819. Mo-
rara’s aims, however, were not quite so benevolent as those of Father Garcés.
Morara’s party set out to the northeast from the San Gabriel Mission in an un-
successful attempt to wreak revenge against a band of Mojaves who had raided
one of the Los Angeles–area missions.2
The Spanish, however, had little interest in exploring and developing the vast,
barren region that eventually came to be identified as the Great Basin. In 1822
the area was transferred to Mexican possession when Mexico gained indepen-
dence from its Spanish conquerors, thus following the earlier course of the Ameri-
can revolutionaries in throwing off the yoke of European imperialism. Within
five years, however, British and American commercial interests were routinely
violating Mexico’s sovereignty in the furtherance of fur trapping and trading,
concomitantly beginning the first serious explorations of the Great Basin. As
one noted Nevada historian has observed, “Nevada’s written history [began]
with a struggle to exploit the resources of land as rapidly as possible. . . . [It is a]
struggle [that] has recurred several times throughout Nevada’s history.”3
In 1826 two fur-trapping expeditions entered the Great Basin, one American
and the other British. Although the two parties entered the region from differ-
ent directions, they both had the same goals: to trap as many fur-bearing animals

1
2 The Sagebrush State

as they could and lay claim to the area for their own companies. The first English-
speaking person known to have crossed into the Great Basin was the leader of
the British expedition, Canadian-born Peter Skene Ogden. Ogden and his party,
representing the Hudson’s Bay Company, most likely ventured slightly into the
northeastern corner of Nevada in the spring of 1826. Ogden’s major explorations
of Nevada, primarily in the north, did not occur until his later ventures into the
territory in 1828 and 1829. He is generally credited as the first Anglo to discover
and explore the Humboldt River.
The first American expedition, which started out in present-day Utah in Au-
gust 1826, was a fifteen-member team led by twenty-seven-year-old Jedediah
Smith, one of three co-owners of the Rocky Mountain Fur Company. Smith’s
party entered the area from the east and traversed present-day Clark County, in
the south, reaching San Gabriel Mission in November. Mexican authorities, un-
derstandably anxious about new colonial threats so soon after they had gained
independence from Spain, requested that Smith leave Mexican territory by the
same route on which he had entered. Instead, he turned north, taking his party
to an area along the American River in central California. The inhospitable na-
ture of the snow-covered Sierra mountains made Smith decide to leave most of
his party in California and attempt the mountain passage with only two other
members of his expedition. Smith’s three-person party successfully crossed not
only the Sierras but also central Nevada, eventually reaching the Great Salt Lake.
Smith’s place in history is secure as the first Anglo to actually cross the hostile
Nevada landscape. Although he retraced his original path through southern
Nevada in 1827 to meet up with the members of his expedition whom he had left
behind in California, Smith did not afterward return to the Great Basin.
The Ogden and Smith expeditions were the first to explore the region now
known as Nevada, but they were most assuredly not the last. Other fur-trapping
parties, originating in Santa Fe and traversing the southern part of the state, were
led by Ewing Young (1829), Antonio Armijo (1829–1830), and William Wolf-
skill and George C. Yount (1830–1831). The path blazed by these hardy trappers
eventually established an overland route known as the Old Spanish Trail.
One of the last fur-trapping expeditions, and one of the more famous and sig-
nificant, was the Walker-Bonneville party of 1833 to 1834.4 Although the group
was putatively on a fur-trapping expedition, there is some evidence to suggest
that its leader, U.S. Army Captain Benjamin L. E. Bonneville, sent some mem-
bers of the party, led by Joseph Walker, on an excursion into California to spy on
the Mexicans.5 During their trek through central Nevada, Walker’s party killed
some thirty to forty Native Americans, establishing an unfortunate precedent
that would haunt later relations between the region’s oldest and newest inhabi-
tants. Walker is perhaps best known for the “discovery” of the Yosemite Valley
Nevada: Origins and Early History 3

in California and Walker Pass over the Sierra Nevada, although native inhabi-
tants had clearly known of these for many years.

Explorers and Immigrants

Spurred by the desire for land and the American creed of Manifest Destiny (that
is, that the United States had a duty and an obligation to inhabit all land lying
between the Atlantic and Pacific Oceans), emigrants on their way to California
began to cross, but not settle in, the Great Basin. Unlike their forebears, who
traveled in this region to pursue fur trapping, these individuals were interested
in establishing a new life for themselves and their families in the Far West. The
first group to do so was the Bidwell-Bartleson party in 1841. As head of the
Western Emigration Society, twenty-year-old-schoolteacher John Bidwell or-
ganized the six-month journey from Missouri to California’s San Joaquin Val-
ley; John Bartleson served as the group’s captain. In addition to its distinction as
the first of the emigrant parties, the Bidwell-Bartleson party is noteworthy for
including Nancy Kelsey and her young daughter, the first Anglo woman and
child to cross the Great Basin. While the Bidwell-Bartleson party crossed the
Nevada frontier in the north, a second emigrant party in 1841, the Rowland-
Workman party, traveled through the Las Vegas Valley, following the Old Span-
ish Trail and the 1826 route of Jedediah Smith from Santa Fe to San Gabriel.
The hardship of the terrain and desert conditions along the Old Spanish Trail,
however, led later emigrant parties to cross the Great Basin through the north
along what became known as the Humboldt Trail. The discovery of the latter
trail is credited to the aforementioned Joseph Walker, who led the 1843 Walker-
Chiles party along the northern Nevada route he had discovered during his 1834
journey out of California. Other emigrant parties followed that route through
the Great Basin over the next several decades, including one in 1844 led by
Elisha Stevens, Martin Murphy, and John Townsend—an expedition famed for
its successful crossing of the forbidding and deadly summit that would tragically
become known a few years later as Donner Pass.
The Donner party left Missouri in the spring of 1846 to pursue dreams of land
ownership in California. Following generally the path of the Humboldt Trail, the
party took an ill-advised cutoff in northeastern Nevada that put them woefully
behind schedule. Their tardiness caused them to reach the Sierras in October af-
ter winter storms had dumped snow on the mountains, which were difficult to
cross even under better weather conditions. Trapped at Donner Lake, slightly
more than half—forty-seven—of the eighty-seven people who began the trip
survived, but only by allegedly cannibalizing the remains of their less fortunate
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