Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-05-28

Is There . Vacancy In Eureka
County 2

County
Mr.. Samuel Cooper, Treasurer OF Eureks
county, left for San Francisco for medical
treatment three months ago on the 25tt
instant. For some weeks prior be had been
suffering from mental difficulties which. il
is stated, have not improved since his visit
to the Bay. An idea has obtained in the
community that the three months absence
Of Mr.. Cooper has created o vacancy in the
Office, and q declaration to this effect was
yesterday filed by Messrs. Levan, Marshall
and Haley with the Board. The Board re-
ceived the communication, but deferred
action until the next regular meeting. In
the meantime there are several appli-
Giants for the place in the event that
the Office shall be declared vacant. Messrs.
r. Sadler, M. B. Bartlett and Joseph Win
eel have been mentioned in connection with
the appointment. The Board of County
Commissioners have power to fill the va
cancy should one occur. The SENTINEL
has serious doubts about Mr.. Cooper's case
coming within the purview Of the law.
Chapter 1888, Section 50, Volume Q Of the
Compiled Laws Of Nevada, relates to vacan-
cies, and is a. follows:
Every Office shall become vacant upon
the occurring Of either OF the following
events before the expiration Of the term Of
such Office: First-The death or resigna-
ton OF the incumbent. Second-The re-
moval Of the incumbent from office.
Third-The confirmed insanity Of the in
cumbent, found upon q commission Of
ltnaow toa,,cd A. lakarnafna 4ha fanf
Fourth-A conviction of the incumbent of
any felony or offense involving q violation
Of his official oath or bond. Fifth-A re-
fusal or neglect of the person elected or
appointed to take the oath of Office, as pre-
scribed in section twenty-five OF this Act;
or, when a bond is required by law, his re-
fusal or neglect to give such bond within
the time prescribed by law. Sixth-The
ceasing OF the incumbent to be a resident
of the State, district, county, city;Sor pre-
cinct, in which the duties of his office are
to be exercised, or for which he shall have
been elected or appointed. Seventh-The
ceasing of the incumbent to discharge the
duties Of his Office for the period Of three
months, except when prevented by sick
ness, or by absence from the State. upon
leave, as provided by law. Eighth-The
decision Of q competent tribunal, declar-
ing the election or appointment void, or
the Office vacant.
If there is a vacancy at all in the Office
Of Treasurer Of this county, it must CONF
within the seventh subdivision Of the above
quoted section. The exception in the case
OF sickness would seem to permit Mr..
Cooper to hold his Office, notwithstanding
his absence from the State for q period of
more than three months. There is no
other ground on which a vacancy can be
declared, and to our non-judicial mind the
law would seem to be clearly against such
a procedure. The Board will hardly feel
justified in acting in the premises until
fully advised by the best legal authorities
~attainable.
The u%nexpired term is not worth a great
deal OF contention. The emoluments of
the Office for the remaining seven months
will not exceed fourteen hundred dollars.