The Nevada journal., 1856-11-21
0bt Mtbaoa ymrnal
'ihe ShcrInafly.

in reference to the Sheriffalty of this
county, the point in dispute being the
legality of Mr.. Butterfeld's appointment
by the Board of Supervisors.
Those who deny Butterfeld's right to
the Office are divided into two parties
one party claiming that Grimes, the
Coroner, is ex-ofhcio Sheriff, until the
expiration of the term for which the late
Sheriff was elected, and the other assert
ing that inasmuch as general election
intetvened between the death of Mr..
Wright and the appointment of Butter
field, Mr.. Boring who was then elected
as Wright's successor, is entitled to fill
the vacancy. The reasoning in support
of both of these opinions seems to us
sufficiently fallacious, and the action of
the Board of Supervisors, we believe,
will be found on examination to be in
exact accordance with the statutory pro-
visions applicable to such cases.
Had Wright continued to live, his
Term of office would, by special statute,
continued to the Goth day of May, 1857.
-Acts Of 1856, p. los. The fact of
his having died before the expiration of
his term cannot affect its duration. The
term still exists, and will continue to
exist until it expires by the legal limi-
tation, and of course his death has
caused vacancy, and the only question
is as to the mode of filing that vacancy.
We admit, that upon the death of the
late incumbent, the '.po,oers and duties"
by operation of law devolved imme-
diately on the Coroner, until the election
or dppointmemt of a new Sheriff-Rcr.
Lars, p. 773. BY section Al of can
Act concerning officers" Passed April
2Sth, 1s5l-p. Al Rerised Laws,)
the power Of appointment Of all
county officers, except County Judge,
is vested in the Court Of .Scssions-
lnasmuch, however, as the Court of Ses-
sions could not constitutionally perform
the duty Of filing vacancies by appoint
ment, that power devolved on the Gov
| ernor by virtue of section 8, Art. v, of
the Constitution, until the Legislature
should provide some other constitutional
mode. Upon the formation of Boards cf
Supervisors in the various counties of
the State, the power Of appointment
was given to them, not as newly crea-
ted authority, but as one already exist
ing; or, to speak more properly, the
power which had before been vested in
the Governor by the constitution. was
transt'rred to the Board of Supervisors
Statutes Of 1856. p. 6.
This very question, so far as it affects
the right of the Coroner, was elaborately
discussed by the Supreme Court of this
State, in the ease Of the People as
Phoenix, (January term, 1856, J when all
Of the legislative enactments having the
least bearing on the point, were care
fully examined and compared. In that
case, the Court held that, although upon
the occurrence Of vacancy in the
office of Sheriff, the Coroner became
Sheriff by operation of law, yet that his
term of office was limited or put an end
to by the exercise of the appointing
power by the Board of Supervisors
Hence, if the Board of Supervisors had
seen proper to appoint within one hour
after the death of the late incumbent
the Coroner would have been Sheriff fol
that hour, and NJ longer.
In support of the claims of Mr.. Boring
it is urged mot by himself however) that
because the appointment was made sub
sequent to general election, held qfsel
the death of Wright, it is therefore a
nullity and that Boring having been
chosen at such election to succeed w
w. Wright, is entitled to the vacant
Office by virtue of such election. BY
what course of reasoning this view is
supported, it is difficult to conjecture
unless it is founded upon the Language
of the act already referred to, which
limits the time of the appointment to a
county office antH tie nert general election
If such be the argument in support ot
Mr.. Boring's right, it is only necessary
in order to refute it, to state what al
must admit viz: That Boring was cho
sen to fill "a specific term succeeding the
term for which Mr.. Wright was elected
He was not elected to succeed the late
incumbent in moiety or fraction of his
term, in case he should vacate it before
its expiration, but to fill whole ant
entire term, coming after Wright term