Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1873-03-22
Moving for an Election.

WoVAAS oA
Notice is given in u advertising
columns this morning that petitions
are to be Immediately circulated,
praying the Commissioners to order
an election on the first Monday in
August, IS provided in the Act Great
ing Eureka county. Under the pro-
visions of the law the Commissioners
are authorized and empowered to
order the election in Ease five hun
dred, or more. qualified electors
shall, on or before the first Monday
in July, petition for the same. We
are in favor of the election, if the
people desire it, and it a be legally
held. 1t is the opinion, however, of
some Of the ablest lawyers in tie
State, that a special election cannot be
hell under II Constitution. Section
twenty. Article four, of the Constitu-
ton, is as follows:
Section 90. The Legislature shall
not pass local or special laws in any
of the following enumerated cases,
that is to say
Regulating the jurisdiction and du-
ties of Justices of the Peace and of
Constables;
For the punishment of crimes and
misdemeanors;
Regulating the practice of Courts of
Justice
Providing for changing the venue
in civil and criminal cases;
Granting divorces:
Changing the names Of persons;
Nacatiny roads, town plots, streets,
alleys, and public squares;
Summoning and ilnpaneling grand
and petit %iuries, and providing for
their conversation
Regulating county and township
business;
Regulating the election Of county and
Township officers.
We have italicized the point in the
section TO which we desire to call at
tention of voters. 1t will be observed
that a special election for county or
township officers is expressly pro-
hibited. This question was sprung
at Carson before the introduction of
the bill, and was one of the chief rea.
sons why the officers were deg,snat
ed in the law at all. Members of the
Legislature, sworn to support the Con-
stitution, could not be asked to vote
for a bill, which, in the Judgment
Of the best legal talent of the country.
knocked a hole square through that
bungling docu ment. Hence, as we
have already stated, the officers were
named. 1t is true that a clause was
incorporated providing for An election.
but the question as to whether that
particular portion of the bill is Con-
stitutional still remains to be solved.
1t must be remembered also that the
Governor thought proper to issue
commissions to most of those nom
mated in the bill. If, on the trial Of
the test cases, which will be made.
the Governors commissions should
prove the best title to office, will they
not stand good until the next cleo
ton?
An election would cost the county
several thousand dollars, with
nc certainty of a change of officials
after it was V e These are impor-
tant questions, and they address
themselves with peculiar force to the
taxpayers Of our new county. We do
not wish to be understood as opposing
the movement for an election. II
there are no constitutional objections
10 it, we say let it go on, provided the
people desire it. At the same time,
however, we conceive it to be a duty
we W the public, to point out the
obstacles that are liable to be met
with by such a course. Our chief de-
sire is to keep the county government
out Of a middle, and in the meantime
to prevent, if possible, a heavy draf.
on the treasury, unless it can be
proven beyond question that new
officers will be entitled to serve, in
the event that the proposed election
should be held. Our columns are
open to all who desire to discuss the
question with courtesy and fairness.
OxY-HYDROGEN FLAME COMPANY.
Among the interpretations in San
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airy vas n entitled as above, dated
the Goth. Its object is. ''to purchase
and sell rights to use Levi Stevens
letters patent, and to buy and sell and
deal in patent rights and licenses, in
and for the Territory of Idaho, and to
put the several processes secured by