Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-01-19


classes alone, but nc law is more infamous
in this respect han the present Salary
bill. Its theory seems plausible, and the
argument that it will rebound to the ad'
vantage Of the taxpayers ia a taking one.
but like many others, this theory is false,
and the arguments in support Of it falla-
cious.
The true doctrine is that all should
stand equal before the law; that the poor
should have equal facilities with the rich
for obtaining justice, and that no impedi-
ment, directly or indirectly, should be
placed in the way Of any man who seeks
the recovery OF his own. The salary law
does not support this doctrine; on the
contrary. under its provisions it is almost
impossible for a poor man to obtain JUS
tice. We will suppose, for example, that
a man is working in Ruby Valley, and as
is often the case, has quit work and is
waiting for his money for some months.
The employer gets ready to leave the coun-
try and is dishonest enough not to pay his
workman. Under the old law the laborer
could come into Eureka, and If known to
the officers as an honest man, or IL
vouched for by some one here, he could
get out an attachment and collect his
wages, the officers waiting for their pay
until 1t was obtained on the execution; or,
If not realized in that way, until the Ia
borer had a chance to make the amount of
the costs in some new occupation. But,
under the new law, when the laborer goes
TO the officers to file his complaint and
serve his papers, he has to advance fees
enough to cover all possible contingencies,
which in the case l have mentioned might
reasonably amount to $3.50. II a keeper
was necessary, and the term OF Court was
distant some months, the Sheriff might
fairly ask 500 more, thus obliging a poor
man to raise $3.50 on q moments notice.
While the unfortunate laborer is rushing
to and fro trying to raise this money. o
wealthy merchant. who is also a creditor
of the employer, gets wind of it, and be-
cause he has the coin at hand gets out his
attachment and sells all the property Of
the rancher for half its value. and the la
berer is left out in the cold. Or, as is
more likely, the laborer cannot raise the
money, and away goes Mr.. Rancher, wages
and all. The lien law does not apply to
such q case as this, and if it did it is near
ly as expensive. Then again, the law is
inconsistent and absurd, as the following
extract from the Silver State, which has
fairly analysed the matter, will demon
strate:
"Section 1 of the Act provides that from
and after the first Monday in January,
1881, the officers Of the several counties of
this State hall receive fixed salaries, which
shall be in full for services aud ex-officio
services required Of them. This repeats
AN Act to regulate fees and compensa-
ton and other services in the State of Ne
vada,' approved March 9, 1866, Section l
of which reads as follows:
"The several officers and persons named
in this Act may demand and receive for
their services rendered in discharging the
duties imposed upon them by law, the fees
and compensation hereinafter 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 fixes the an
nual salaries Of the officers, which it en-
phatically states shall be in full for all SER
vices rendered by them. 1t is therefore
clearly evident that this section repeats the
Act authorizing officers to collect fees for
their services, or at least makes no provi-
sion for its enforcement, as it prohibits Of
icers from collecting more than the sala-
ries which it specifies for their services.
Section 10 Of the Act reads as follows:
1.-THE several officers named in this Act
shall, from and after the day named in the
first section Of the Act, collect and safely
keep all fees, percentages, and compensa-
lions Of whatever nature and kind allowed
them by law, for services rendered them or
their deputies in their several official ca
pacities and they shall, on the first Mon
day in each month after said date pay the
same into the County Treasury Of their re-
spective county"
As the Act allows them nc compensa-
ton for their services save and except the
salaries which it specifies, that salary is all
they will have to pay into the Treasury,
and that they cannot 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 in 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 Sec
ton 10, but it makes no such provision.
Section 20 Of the Act says mo officer
named in this Act shall perform any SER
vices until the fees prescribed by law are
paid provided, that If any officer shall
neglect or refuse to collect the legal fees
for his services. be and his bondsmen
shall be liable TO pay double the amount"
Now, as the only compensation allowed
him by the Act is his salary, shall his
bondsmen be liable for double the amount
il he does not collect it in advances This
10 an a~bsurdity. even under the
theory that the old fee bill is yet in force,
as it requires a County Clerk, for instance,
who is entitled to certain fees in criminal
- 10 He AhAnA
fees before filing an indictment or issuing
a criminal subpoena otherwise his bonds
men are liable for double the amoun As
nearly all officers are entitled to certain
fees from the county, such fees cannot be
paid in advance, as the Board OF Cominis-
sioners are not authorized to allow q bill
for services until such services are rem
dered.
Again, the bill creates a new officer, that
of Under Sheriff. but does not define his
duties or give him authority to do any
thing except to draw his salary. An Under
Sheriff is not a Deputy Sheriff. as the law
makes a distinction between the two. the
powers and duties of Deputy Sheriffs be-
ing specifically defined, while those OF
Under Sheriffs are not.
Section 10 of the Act is a nest for the
breeding of jobs, and could not be i'm
proved upon by Boss Shepard OF the Wash
ington Ring, and must have been inspired
by the spirit Of the Tammany Chieftain,
Boss Tweed.
Again, the law provides that the Justice
Of the Peace and Constable shall be paid
out of the Salary Fund. n Y n and
that if there is no money in the Salary
Fund IL shall be transferred from tie Gen
eral Fund. Will anyone suppose for a
moment that the taxpayers OF Palisade,
Beowawe. Mineral Hill and Cortez. whose
money goes into the General Fund, will
allow the payment of salaries Of the town
officials Of Eureka?
Figures may be produced 10 show that
the county will be gamer by the law,
hpk anal, fourea are based upon an as