Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1874-12-31
SUPREME COURT.
ifez.tcz.ant Co-srmor IS. State Cos:-
tToiEer.

This is IN application for 4 writ Of
rnai.t'alnci5 to compel respondent to Is
SIZE TO Tel.tor a warrant on the State
| Treasurer for the sum of SJ,351 20,
claimed 10 be due relator for his salary
rs cr-Cfiicio Warden of the State Prison.
Or tie 18th day Of March, AID. 1873,
relator was forclbly elected from the
State Prison. and by the action Of the
Board Of State Prison Commissioners,
prevented from the discharge Of fur
Their duties as ex-oiicio Warden.
While admitting that the Office OF ex-
officio Warden, having been created by
Law, might be abolished by law without
arr regard to his term OF Office as Lieu
tenant Governor or his salary as Warden,
relator claims:
First-That lie was Illegally removed.
because tie Office was not abolished Iy
said Act Of 1873, lor himself impeached
for Elalfeasance or misfeas2nce IL office.
Second-That if mistaken upon this
view of the law. he is nevertheless en-
/ titled to Il warrant rs prayed for upon
| the express language Of the first Claims
OF the proviSo contained in Section .,
and that in addition TO his salary rs e1-
Off 20 Warden he Is entitled, under the
second clause. to the iuriher sum of S.
CU5 FOX us salary as Lieutenant Cover
nor.
II vas admitted upon the hearing that
rei.,l-. had quarterly received his war-
rams from respondent in thu sum OF ST.,
GGC his .'saI.ry - Lieutenant Cover
nor, and that the same Lad been paid
b. the State Treasurer.
Ii relltor relied solely upon his first
rIurosiiiCn. L. has mistaken lis remedy
II would lie necessary ior him to iLs:i-
TUE proceedings IL the nature Of :. writ
o. QUO warTai4;o Ill Older to establish Lis
light to the Office.
The CaaTt holds that Tie Act Of 1873
arj al: the Acts Thereby repealed relate
exclusively to the infringement of the
St..e Prison. al! Ii. du;ies pertaining
to the Office Of ez-ei1!i-io Warden, and
ale entirely INDEPENDENT Of the laws
vh.cu II .ait 10 the oI!ce and duties CT
the Lieutenant Governor. The Acts re-
fer 10 and mention The Lieutenant Gov
eruor oI-!y as Gcscliytto persona, Of TIE
ex- ol1.cio Warden.
When al tie Acts Are considered to-
ce;her. i seems TO Us conclusive that II
Was the intention Of The Legislature, by
tie .cI ot 1873. to I,.ILye the rti.toT
/ from the Responsibilities and duties Of
the etzice Of Walden; deprive him OF It's
hono.5 and allow him 10 receive :. sum
q money which the Legislature deemed
| equivalent 70 the compensation lie would
haye.gece!vod as eZ-olicio Warden dur
ing his tenn of office as Lieutenant Gov
eInor il 10 change had been made.
The appropriation Of the sum CT S.
coo was 10 be iii lieu of lis salary and
apartments suitably furnished, includ-
ing also the necessary provision for lis
own table" This clause nltst be con-
strued the same as if tie words las ex-
ot1icio Warden after the words Lieu
tenant Governor. Any other construc-
ton would be absurd.
The relator has received the salary al
lowed him by the Act under considera-
ton. His application is devoid of merit
The writ is denied.
The Opinion is by Justice Hawley,
concurrsd in by Chief Justice Whitman
and Justice Belknap.