Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-23

claimed that the officials had done all
required by law.
The Commissioners were criticized in
the same issue for employing B. @.
Whitman to give the Board his legal
opinion OF Section 90 OF the Act giving
to county officers . salary instead OF fees.
The section referred to was printed, and
the following : 1.-THE language OF the
statute is not ambiguous nor its mean.
ing obscure. and tho necessity OF legal
advice ut oil will not DO apparent to the
average reader"
With the above was . paragraph stat.
ing . telephone message bad been re-
ceivsd at this office announcing that
whitman's opinion agreed with the Dis.
trict Attorneys. That statement having
been repeatedly pronounced incorrect by
certain parties the News today prints
the condensed opinion Of the District
Attorney. US published before Whit
mans was delivered. and Whitman's
opinion also. that the public may see
the News was correct In asserting that
the two agreed.
Following 10 whitman's opinion
To Mathew Canavan. Esq. Chairman
OF the Board Of County Commissioners
Of Storey county, State OF Nsvsda-Sir:
I have been requested by your Board to
give my opinion, 1rst, a. TO the duties Of
the county officers salaried by Chapter
1873, Statutes OF Nevada. 1879. more
especially under Section 20 OF such Act,
as amended by Chapter 6. Statutes 1881;
second, az to the power and duty OF your
Board to enforce such duties.
In reply. / advise that the Act cited
makes the Sheriff. Clerk. Treasurer. Dis.
trict Attorney. Recorder and Auditor.
Assessor. Superintendent Of Schools
and some Justices OF the Peace Of Storey
county, salsried officers. whose duty 1t 10.
under Section 20 OF such Act, ''at the
expiration Of every month. (to) make
out aud file With (ths) Treasurer. q
full and accurate statement, under
oath. Of all fees. percentages. or COM
peusations OF whatever nature or kind. re-
esived in their several official capacities
during the preceding month; also q du.
plicats copy to the County Commission.
ers, in which statement they shall set
forth the causes In which and the ser.
vices for which such compsnsa'ions were
received"
This language is so clear and emphatic
that il needs NO Interpretation; the 70.
ouired statements must each be abso.
lutely specific. as to the several fees,
percentages, or compensations Of what
ever nature or kind received In their sew.
eral official capacities. during the pre-
csdiug month. and equally specific as to
the causes iu which. and the services Tor
which such compensations, or any OF
them, were received. That Is, every
cause in which compensation was 70.
ceived. and every service for which any
compensation was received must be sep.
arately stated with accompanying com.
pensation; such statements must be
made under oath. monthly, for tbs pre-
ceding month. filed with the County
Treasurer. and q duplicate thereof pre-
scented to your Board.
The section continues: "Apd 1t shall
be the duty Of each one OF said officers
to keep a book in which shall be entered
by items every kind or description OF
services performed by them, or their
deputies. the time Of rendering said ser.
vices and the amount allowed by law for
each particular service, which book or
books shall be open 10 the inspection OF
the Board OF County Commissioners and
every citizen at all times."
BY this language IN additional duty is
imposed upon each Of such officers. 1t
m itemized account. includ.
ing time and nature Of every official ser.
vice rendered by any Of the specified
officers, whether compensation Is received
therefor. or not; as the words "amount
allowed by law" are contrssted With md
extensive OF the words ''compensations
received" in the former part OF the sec
ton. Many services are rendered by
such officers for which an amount oil
compensation IL allowed by law which
under the salary sistsm Is not actually
by them. but an account OF
which 10 absolutely necessary for the
proper and complete accomplishment OF
the objects for such system; as, for In
stance, services rendered to the county.
One objec. Of this latter provision Is to
afford your Board and the public the OPP
portunity at any time to accurately de-
termine, by reference to the account, so
kept in book form. for easy reference,
the kind and description Of services.
aud Of each particular service performed
by any Of the officers referred to, or
any Of the deputies Of such officers.
and tho amount allowed BY Law for each
particular service. The Act referred to
q severe penalty for williul neg
lsct or refusal to comply with any OF its
provisions. (Statutes 1879. Sec. 2l.)
This penalty 10 cumulative. and its i'm
position in no way impairs the power
and duty Of your Board to rsfuss mp
proval Of any demand for salary or e1'
p.psss made BY any OF such officers Tex.
cept the salary Of the Auditor. as noted
who shall neglect or refuse 10
with any provision Of the Act
cited, or q other Act regulating his
duties; provided. that . written demand
be made for compliance Herewith upon
such officer by any member-of your
Compiled Laws Of Nevada,
SEQ. 30Sl.) When such demand has
been made. and refusal or neglect to
comply follows. you have NO right to sp.
prove. nor tho Auditor to allow. any de-
mand on the treasury in favor OF any
such officer 30 neglscting Of refusing to
ful6ll his statutory duties.
Section 3078. Compiled Laws. exospts
from your action tie salary Of the County
Auditor; bat I conclude. from review OF
ali the legislation on the subject, that
,his oniv touches his salary a Auditor,