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repeal of a reviving or adopting statute may repeal the revived or adopted provision if the latter had been repealed prior to the time of adoption, but the repeal of an adopted statute, where the same was in force and effect at the time of its adoption, will not affect its validity or operation within the scope of its functions, as prescribed by the adopting act. (Gaston v. Lamkin, 115 Mo. 20, 21 S. W. 1100.) In the last-cited case, the court voiced the rule thus:

"The general rule governing in such case seems to be that, where one statute refers to another for rules of procedure prescribed by the former, the former statute, if specifically referred to, becomes a part of the referring statute, and the rules of procedure prescribed by the earlier statute, so far as they form a part of the second enactment, continue in force, although the earlier statute be afterwards modified or repealed."

This rule might, we think, be regarded in some instances as too general, but where the language of adoption or revival is direct as to reference and specific as to intendment, as it is in the reviving statute here involved, the rule is eminently applicable. (Ventura County v. Clay, 112 Cal. 65, 44 Pac. 488.)

It might be noted that the Supreme Court of Washington (State v. Tausick, 64 Wash. 69, 116 Pac. 651, 35 L. R. A. n. s. 802) has said, under conditions not unlike those presented here, that under a constitutional inhibition providing that no act shall be "revised" or "amended" by mere reference to its title, an adopted statute, not being amendatory or revisory in character, is not obnoxious to this constitutional provision.

In the case of Brig Aurora, 7 Cranch, 382, 3 L. Ed. 378, the Supreme Court of the United States observed the rule. There provision was made for a revival of a statute by proclamation of the President, contingent upon certain acts of a foreign nation. The court, in addressing itself to the subject, said:

"We can see no sufficient reason why the legislature

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should not exercise its discretion in reviving the act of March 1, 1809, either expressly or conditionally, as their judgment should direct."

In the case of Field v. Clark, 143 U. S. 649, 12 Sup. Ct. 495, 36 L. Ed. 294, the rule as declared in the Aurora case was approved.

The Supreme Court of Florida, in the case of State ex rel. Attorney-General v. Green, 36 Fla. 154, 18 South. 334, met the identical question here under consideration, and under very like circumstances as to repeal and revival, and under a constitutional provision identical to ours. (Art. 3, sec. 16, Const. of Fla.) The views expressed and reasoning followed by the court there is illuminative of the subject. There the court drew the distinction between constitutional provisions prohibiting revival of statutes and those prohibiting revision of statutes.

In the case of Quinlan v. Houston & T. C. Ry. Co., 89 Tex. 356, 34 S. W. 738, the Supreme Court of Texas held likewise. To the same general effect is the application of the rule in the case of Flanders v. Town of Merrimack, 48 Wis. 567, 4 N. W. 741.

3. Section 3 of article 2 of our constitution provides: "The right of suffrage shall be enjoyed by all persons, otherwise entitled to the same, who may be in the military or naval service of the United States; provided, the votes so cast shall be made to apply to the county and township of which said voters were bona-fide residents at the time of their enlistment; and provided further, that the payment of a poll tax or a registration of such voters shall not be required as a condition to the right of voting. Provision shall be made by law regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this constitution."

It is contended by respondent that the act of 1899, if the same was revived, is void because it unduly and unjustly discriminates between volunteers in the United

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States army service and volunteers in the naval service, and also discriminates between volunteers in the United States service and conscripted men in the military service. Their contention in this respect is based on the fact that no mention is made of those electors of this state who may be in the naval service of the United States. This entire contention is, in our judgment, met by the fact that the term "military" is not limited in its application to the land forces, but applies equally to the naval branch of the nation's offensive and defensive machinery.

The Circuit Court of the United States, in Re Burns (C. C.) 87 Fed. 796, regarded the term "military service," as used in the third article of war, as applying as well to the volunteer army as to the regular army of the United States. A statute prohibiting the enlistment or mustering into the military service of any person under the age of 21 years without the written consent of his parents or guardian, was there held to apply to the volunteer forces as well as to the regular army.

The military force of the government is seated in its army and navy. These are coordinate factors, and an individual belonging to either is properly in the military service of the country.

The case of Stocker v. United States, 39 Ct. Cl. 300, is authority for the assertion that the army and navy constitute the military forces of the government.

It may be noted in passing that by the recent enactment of Congress to extend protection to the civil rights of members of the military and naval establishments of the United States engaged in the present war (approved March 8, 1918), the term "person in military service" as used in the act is declared to include all officers and enlisted men of the regular army, the regular army reserve, the officers' reserve corps, the enlisted reserve corps, all officers and enlisted men of the national guard and the national guard reserve, and all officers and enlisted men of the navy and marine corps and the coast

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guard; also all officers and enlisted men of the naval militia, naval reserve force, marine corps reserve, and national naval volunteers.

It is conclusive of the question to say that it must be assumed that the legislature of 1899, when it enacted the statute revived by our act of 1917, did so with a view to complying with the declared policy of the state as enunciated in section 3 of article 2 of the constitution. It must be inferred that the legislature took cognizance of the terms and provisions of that section of the constitution, and that when, in the act of March 14, 1899, it used the term "military service," it did so advisedly and for the purpose of extending the right of suffrage to all persons who might be in the land or naval or other forces of the United States. Hence the logical inference may be drawn in favor of the intendment of the legislature that the term "military service" was used in contemplation of all branches of the maintained fighting forces of the country. The same reasoning must apply as to the legislative intent when section 101 of the act of 1917 was incorporated into our statute relating to elections.

By section 101 of the 1917 act relating to elections the legislature sought to establish a method or mode by which electors of the State of Nevada in the military service of the United States might cast their vote at elections. Section 101 of the act of 1917 does not limit its force or effect to either volunteers or conscripted men. It is to all electors of the State of Nevada who may be in the military service of the United States, regardless of how they may have entered that service, that section 101 of the law seeks to accord a way by which their votes may be taken, counted and canvassed. Hence, if the act of 1899 applied only to those who might have been in the military service of the United States as volunteers, nevertheless the provisions of the act of 1899, whereby the votes of such volunteers might be taken, counted, and canvassed, are by the act of 1917

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made applicable, not alone to volunteers, but to all in the military service of the United States who may be qualified electors of the State of Nevada.

It must be understood that we do not assume to deal with the question of expediency, or as to whether or not the policy of the act of March 14, 1899, is such as would be considered in keeping with conditions that confront this state today; nor would we assume to determine the effectiveness of the statute of March 14, 1899, or as to its being sufficiently comprehensive to accomplish the result desired under the present conditions. Of this we may entertain a doubt; indeed, if we were called to pass upon the question under different conditions it might be found necessary to express different views; but this is an appeal from an order overruling a general demurrer, and we assume to determine one question only.

The legislature of 1917 sought to establish a method by which electors of this state who might be in any branch of military service could cast their vote at elections held in this state during such service. With that object in view, the legislature adopted and incorporated into the general election laws the method by which a similar object had been carried out by a former legislature. The method in the former instance may have applied only to those electors who were then in the military service under the volunteer system, but if the legislature of 1917 intended, and we assume it did, that this method should now apply to all electors in the military service, regardless of the manner of their induction into that service, such intendment must be carried out so far as possible. The result intended may be incapable of accomplishment under the method prescribed, but questions involving such, if they arise, are for the future.

The order and judgment appealed from are reversed. It is so ordered.