The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-12-29
THE SALARY ACT.

take effect draws near, people are ex-
aiming its prov.bions critically with
che view OF ascertainlng how it, will
operate As a piece OF ore wfll some-
times deceive an experienced miner,
who fancies that it is rich in gold and
silver, until an assayer proves it to be
worthless. so has the Salary Act de-
sefved the public, who will now scarcely
believe the lawyers, when they analyze
il and show conclusively that it is def
eiepa in many essential particulars.
Section OF the Act provides that from
aud after the first Monday in January,
1881, the officers of the several counties
IN this State shall receive fixed salaries
which shall be in fall for services and
ezrofscio services required OF them.
This repeats 9 An Act to regulate fees
and compensation for official and other
saxvices IN the State OF Nevada, APP
proved March 9th, 1866, Section | Of
which reads as follows:
1.-THE several officers and persons
named in this Act may demand and re-
ceive for their services rendered in dis
charging the duties. imposed upop them
by law, the fees and compensation here
matter specified. The other Sections
specify the fees, which were allowed
the officers IN compensation for their
services. As will be observed the first
Section of the Salary Act 6xes the an
nual salaries of the officers, which it
enphaticaly states shall be III full for
all services rendered by them. It is
therefore clearly evident. that this Sec
ton repeats the Act authorizing officers
TO collect fees for their services or at
least makes nc. provision for its enforce
ment, as it prohibits officers from col
Letting more than the salaries which it
specifies, for their services. Section 10
OF the Act reads as follows:
'"fne several officers named in this
Act shall, fro1a and after the day named
10 the first Section OF the Act, collect
aud safely keep all fees, percentages,
and compensations of whatever nature
and kin d. allowed them. by Law, for ser
vices. rendered by them or their depu-
ties In their several official capacities;
and they SHALL on the first Monday in
each month after said date pay. the same
to the County Treasures. of their respec-
tive county,
As the Act allows them, no compen-
sation for their services save and ex-
capt the salaries which.it specifics, that
salary is all they VIII have to pay into
the Treasury, and that they can not do,
as the Act makes no provision, as to
whether their salaries shall be paid
monthly, quarterly, yearly or at the
end Of their term of office. Had this
section or any other section III the Act,
provided that. they. shall collect the fees
heretofore allowed them by law and pay
the same into the Treasury, then they
could comply with the provisions OF
Section. 10, but it makes no such pro-
vision
Section % of the Act. says, mo
nfiicer named in this Act shall perform
any service until the fees prescribed by
law are paid; provided, that if any OFF,
Ger shall neglect or refuse to collect the
legal fees, for his services. he and his
bondsmen shall be liable to pay double
the amount. Now as the only com,
pensation allowed him by the Act is his,
salary shall bis bondsmon be liable for
doHAk&*hs amount if he. does not col
sct int In advance. This section is.
al af1surdity, even under the theory
that the old fee bill, is yet in force, as
itrequires County Clerk, for instance,
who is entitled to certain fees in Grim
inal cases, from the county, to collect
those fees before filing an indictment on
issuing a. criminal subpoena, otherwise,
his bondsmen are liable for double the
amount rs nearly all officers are en-,
titled to certain fees from the county,
such fees can not be paid IN advance as
the Board of Commissioners are not au-
thnrized to allow a bill for serrices until