Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-10-25
llllaAlIrY OF COUNTY JAIL NO. :.



-
Eprroa GoLD HnL News: The News
having taken considerable interest In
the matter Of the abelishmsnt Of the
City Jail Of Virginia, permit ne. through
your columns. to Offer the following
legal facts for the consideration Of the
public:
In o Communication to the Board Of
County Commissioner. published In
this days Enterprise. Il appears that Mr..
Commissioner Csnavan IL %masquerading
before the public In the capacity Of law.
yer and legal adviser Of the Board Of
County Commissioners, and therein he
explains the legal grounds which he
claims justify him In favoring the main.
tsnance Of . City Jail for Virginia City.
A very brief statement Of the Law gov.
ernipg the question Of maintaining Q
City Jail will serve TO show the untsna.
bleness Of the Csnmissioner's position.
and how much he fails to apprshend
and comprehend the matter about which
hs talks 90 glibly.
Virginia City Is now an unineorpo-
rated city OF the County Of Storey. and
as such 10 governed by the Act OF
the Legislature OF February 20. 1881.
commonly known a. the Ceusoli.
dation Act, and In that Act no
provision whatever IL made fer the
maintenance OF . City Jail In any
unineerporated town or city In the
State OF Nevada, 70 that, II there DO
any legal warrant for maintaining Q City
Jail, such warrant must be sought for
elsewhere than In the Act OF February
20. 1881.
Section IL OF the Act provides for the
appointment OF o Chief Of Police and Q
limited number Of policemen. bat IL
silent 90 to the ofice OF City Jailsr.
The second section Of the Act OF
February &c. 1881, disinoorpsrating the
city Of Virginia. provides: THAT oil
offices under any incorporation OF the
city Of Virginia are hereby abolished"
Section one Of the Act Of November %.
1861. relating to common iails. provides:
THAT there shall be built or provided,
kept and maintained In ssch county one
common Jail at the expense Of the coun.
ty." BY the second section OF tho latter
Act the County Commissioners have
charge Of such jail. and the third SEQ
tion provides that the Sheriff shall have
charge OF the Jail In his county and OF
the prisoners, and shall keep the same
personally. or BY bis deputy. or BY .
jsilsr or jsilers BY him appointed for
that purpose. An examination OF these
sections 10 sufficient to satisfy any law
yer. except Counselor Canavan. that the
office Of City Jailsr can have NO legal ex-
istsncs In any unincorporatsd town or
city In this State to which the Consoli.
dation Act applies.
Bot Mr.. Csnavan, In his commupioa-
ton 10 the Board Of Commissioners,
informs that tribunal that "inas-
much as there was no such office % City
TALLER provided for In any Act moor
poratipg the City Of Virginia, this Sec
lion (referrinR to Section 2 OF the Act
disincorporating the City Of VirRinia)
does not touch Il; the City Jail and
taller exist by virtue OF an ordinance,
and there 10 20 doubt In my mind a. to
the legality; hence i will vsts to pay the
bills"
This 10 o clear misstatsmsnt OF what
the law was prior to the diaincerporaiion
OF tho city. because Subdivision . OF
Section II OF the Act ofthe Legislature
to rsincorporate the city OF Virginia,
approved March 2, 1877. provides :
o:That the Board OF Aldermen shall
have power to create and establish q city
police and jailsrs,, ito prescribe their du.
ties and compensation. and to provide
for the government and regulation OF the
sams;" and Section SO Of the same Act
limits the compensation OF City Jailers
10 Sl25 per month. and the Act also o..
pressly recognizes the sIistsnos OF . City
Jail.
Now then the repeating clause In the
Act Of 1881, disincerporsiing the city OF
Virginia, expressly abolishes the ofioe
Of City Jailsr. and by necessary implica-
tion prohibits tho Board Of Commission.
orc from creating such office. II this
we're not 10 the Board could as well, In
spite Of the Act disinsorporsting the
city Of Virginia and the abolishment Of
all Offices under any incorporation there
OF. create and maintain the ofioe Of City
Tax Collector Of the city Of Virginia.
The 14lh section OF the Consolidation
Act provides that ''ths District Attorney.
County Auditor. County Assessor, and
all other county officials not specially u.
smptsd tbersirom, 10 each Of the ooun-
ties Of this State. shall perform the
duties required or authorized TO be per.
formed by him and them under and BY
virtue OF the provisions OF this Act, and
shall be held liable on his or their Official
bond or bonds for the faithful perform
sncs thereof" Ne officer performing
any duty under this Act, excepting the
Board Of County Commissioners, officers
and employees OF any hre department. or
company, and peace officers hereunder
authorized, shall demand or receive any
compensation therefor. The plain In.
tent Of this provision Ii that each county
officer. since the disinoorporation Of the
city, shall. without compensation. per.
form oil the duties Of . like officer OF
the city while incorporated. that 10 TO
say, The District Attorney the duties oil
City Attorney, the County Clerk the
duties OF the City Clerk. the County
Treasurer the duties Of the City Treas
urer. the Sheriff. with bis Deputy Jailsr.
the duties Of the City Jailsr. and 90 on
through the whole list OF county officers;
the purpose Of the Law being to wipe
out all city offices and substitute there
for the county officials, for purposes
Of economy In the government.
The construction OF this statute here
given has met with the approval OF the
attorneys whe prepared the Csnselids-
ton Act, who ought To know IT. meaning
and intent.
Mr.. Canavan has seen at In his com.
m~unioation to discuss the question Of
economy In maintaining the City jail,
and to assert that an additional Deputy
Sheriff to keep the night watch would
be indispensable. The writer Of this is
authorized by the Sheriff to say that be
---.s-> -. .IIttteaAl J.ttoR ar