The Nevada journal., 1855-05-25
Agent
Who is 80 be Sheriff

'pt fherif by aPpcln'mc?t q 'hi5 coanty
agaias. y ~ wright. ehe.ifr ,'eci o. TIE
ground tha;, ance, lie statutes, his appoint
Inert g al me vac1rcv caused by the .e5igra-
tior Ct HrI. Il. Endecott constituted him sher-
if until he nc:.t general election"
We propose 70 examine into 'he pros and cons
ofthls matter, ofso nuch public iAteres. 70
see ifthe 'cgitimGtelJ expressed vcice CT :he
people, by which a, genera election they
treate,i 4 sheriff for the tNc years af:er he
27th of Nay, can be put aside r favor of E oal
son appointed to I'll gqcancy IL he prcyio2s
:e"m of ofice-'het person not .ie~iri4y 1s
right from. the peoplc- blt from .he Boa,5
O: Supervisors.
he ground ?cIiCd lrcn :, ~ Bonaa IS
Sec. 20 o. the act creating Eose3s . Spparr',
SOS for the counties oi tris s;atc IS friawz
Sec. 2s. When racancv shall ooej:r II an
county or township ofIicc erccpi III oiico ..
County Judge Or Supervisor me Ho?9i of So
pervisors shall appoint sonc suitable Dcrs3p.
.'n clcctOr ot tie cJInty to Gl' tie yqcalc, lc,
iii the next genera e.ecsicl.
The wo~J. "uLlii the ncva gcno.ai eiccEon
are construed by NJ. Hcrng ~ the se-ice tra4
lie is now sheriff and pF tie ill y, tle Fc.s.s
lature remains srcl. Notwithstanding .he ssc
c, ssor Of Alr. EndecO't Was cnoeer It. ne last
election, and las rece;Hco lis cect,ii2ate o.
election. fled his tolG, anl is ,nl3- &c Gua'ifv
at the line appointed by law 4 resy similar
provision 20 the cAe IuotcG i, ,hc ahoyl SO
tion existed before thc clcation Of the Supe~,l-
sOrs, giving trc power Of appointment .lth
the same effects. to the Courts .: Sessions. 40
appointec in this State 2vcr deemed il pc ssiLle
under that provision % defeat tie will Of the
people, ana It was never attempted. But the
Supervisors lev seems to nave cwlxonei new.
ideas, anC persons not aware that the lew has
Ill Lo manner been changed save ,hct :he DOW,
cr IS lodged in different hands. seem 70 think
here is new hole il Tx law through which
Office may be gained In spite of ,he popdla' in
tention.
Before we toucn Ipon the law bearing rpcn
this point we will renark thai cve II s!e
Board of Supervisors had the rorer 20 make
au appointment OF sheriff to reacn till tie rez,.
general cection, the aid ,iot ere-cise It, The
appointment Of Mr Boring says IL Gs.nct
terms that ne is appointed 20 the Office s. 5Lerfi
'or the uncxpEoG term el Nj Endecct.. 1t
reads thus
VIM II. Endico,t, Sheriff o. Ne:ada 1cun.
ty, having this uay tcnGered his resignaton Of
the office o. Sheriff Of said COUNT, / IS order.
cd that the resignation De and Ne same IS hero
by accepted And It il further ordered that
Samuel W. Boring be end he is hereby ap-
pointed to fill the vacancy in said oGicc for the
uncxpIrcd tenn Of salt W. H. EId,ott."
Nov, conceding it to nave becn he intos-
tion of The Legislature to o~c.th~ov Il previous
eiection--to create what in is cncc, is d nos,
odious er post .faao law--by lodging ii tie
hands of the supervisors the Pcwc. Of oasting
a regularly elected officer, it is epparen: the
Supervisors Of this county had 100 much good
sense to exercise it either dosignedly OF yr-
Willingly. They have made proad mark
hetweer the appointed incumbent and the
Sheriff fect, and MIR. Boring cannot draw one
a'om Of authority for the proposed contest
fro,a the document under which he holda otllce
at prcsCrt.
But tie Legislature have not, ard lid mo-
design, to confer upon tie Super ;iso-s eny
sdch power as tkat alleged. The design is
rcGatived Ly the Infamous use tc which The
power may be put, For instance, :. notorious
ly worthy incumbent OF county cffice, hay
ing the countchancc os the supervisors, might
he beat when aiming FOR Il re-elcctiCn, end re-.
signing after the election, &c again appointed
aud keep in Office till another electicE selected
again a successor, when he might eea;n resign
and be re-1ppolnte6, end so Oh ca tnEinifu7n.
as long as there WAS lescality tc PROMPT end
execute such invasions o. popular rights ,'.Fho
will say tie Legislature designed srcn frauds
upon the elective franchise Ia; The iceisla-
ture not only did hot lesiga &c ,onies tie rov-
er, they die sot 10 1t 'irC G.e.-lsIai: re ;2r
carefully wcrGed etttu'e,, ..as p~e5eri5oG The
lines, ana maahc' OF loirg e,conces 20,
county Offices Undet those statutes NJ.
Wright ,as tlactci The vii of tas Le.isia-
ture vas explicitly cared OH, rs Il bas 5ec.
hcctoiole IL TIC Sane n~lh2r. ;he SJGeFyI-
sors law does 10 reGea; Inc genera eiec;ior
law, fol IL tGe laws anrrCIa,eC IT lis repeai-
ing clause tns-. is uot iaen,one,; Unless tile
general olcction law IS repealed, he canstruc-
tioG OF NJ. BcrIug fails fhat court would
sly The Legislature de i slef e,ei &C meal the
genera e.cctioh ia'i, and 2avt ire whole round
Of county officers IN he tt.lJ oi Tic superyi-
sors Aga'n, if there ia a cordics between tine
Goth section Of he superrisors' Jaw and the
general election law, tre in:articn Of The Leg
lSatulc Is TO &c oLtGireG tv = comparison OF
the wo, sLot by the aeopt.cr # oae in disre-
gHrG .. tEeother, When such q comparison
Is maze. ;t will be fourd the Constitution lies
word to offer. S:ctior ., article declares
all p0litical DOr2~ Is inherent II the neOfle 3"