Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1874-03-24
JUDGE NcKrxyry.s DECISION.


We publish in our local columns
this morning the decision Of Judge
Mckinney annullinS the Town Gov
eminent Of Eureka. His conclusions
are conci>ely set forth and will strike
most persons, we think, as properly
founded. 1t will be observed that
the case turned on the insutliciency
of the atfidavits filed with the petition,
the latter, by the way. being non est.
Judge Mckennev considers the law
itself, with a single exception. perhaps,
constitutional, and consequently of
binding force where its provisions
shall be strictly complied with. We
believe the law to be a good one. and
aimed in the right direction. 1t vas
intended to meet the wants of such
communities as did not care to assume
the responsibilities of an expensive
municipality. Bv this law all of the
county officers are made eN-officio
town officers, at small stated salaries.
thus saving to the people the expense
of an entire set of otii ,ials. That this
is a step in the right direction. we pre-
sumo none will deny. The bill was
framed in 1870 by General Thomas III.
Williams. of Virginia City, but failing
TO pass at that session of the Legi>la-
ture it was revived by Senator Lock
wood. of OrmSbv county. last Winter,
and enacted into law by the unanimous
vote, if we mistake not, of both Houses.
The Senator from Orm>bv introduced
it more particularly for the benefit of
Carson City, the people of that place
being clamorous at the time for some
kind of a cheap town government.
The law is doubtless defective in some
important particulars, but with a
little dressing up would meet
a want long felt in this State.
rs stated above. the law itself is
good enough, and only requires
proper administration to be of meal
culabIe benefit to communities invok-
ing its provisions. In the ca>e of this
town we differed from the start with
the Commissioners. and took occasion
in the very beginning to state in the
columns of the SENTINEL that we
were apprehensive that the govern
ment was partakin- a little TOO closely
cf b;rh- ,ynsS,,ya nrinniN1os. that Ys fn
say. that it might have been conducted
without mourning such heavy burdens
upon the people. There was no special
objection among a large share of our
citizens to a very cheap order of gov
ernmen', to regulate police matters.
provide against fires, abatc nui>anceS.
etc. Reverting TO the history of st
many mountain towns. beyond what
we have stated, they did not care to go.
We believe the Commissioners made
some mistakes. which could have been
avoided by a~scertaining the wishes
of the people to be affected by the
organization. 1t is true that many
heavy taxpayers and prominent citi-
zens favored the Town Government.
and perhaps do yet, still there has
been a growing feeling that benefits
commensurate with the burthon> at
tending its administration would not ac-
crue, and we seriously doubt whether
there We're more than a bakers dozen
mo alluSion to the District Attorney
within the town Yesterday who regret
ted Judge Mckenney's decision.
Our Fire Department, as a regularly
organized department, by the decision
Yesterday is disbanded: also the police
force. The latter, however. can be
maintained as heretofore. by voluntary
subscription, so it is not probable that
we will suffer much on that score.
There is another matter which will
need attention from some quarter be-
fore long. The contract with Major
Mccoy for water for fire and other
purposes expires in June. 1t will
have to be renewed. and in the alb
of a Town Board the citizens
themselves will be compelled to take
action in the premises.
1t only remains to be said that
the ease decided yesterday is to be
appealed to the Supreme Court,
so we are creditably informed.
Indeed, we believe some of the papers
were certified up yesterday. AS the
supreme Court meets on the first Mon
day in April. it Will not be a great
while until we shall know the final
result.
LOCAL OPTION. The local option
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