Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-09-24
Az INTERESTING QUESTION.
May tho Salaries Of Incoming
Comfy Officers BE Reduced?

May tho Salaries Of Incoming
Comfy Officers BE Reduced?
The question whether the Legislature
has the power to reduce the salary of
county officers during the term for which
they are elected is being considerably dis
cussed, and is Of much interest, in view Of
the fact that the next Legislature will be
bound by the strsitened financial condi-
ton of the State and county funds, as we'll
as by the formal instructions of taxpayers
expressed in the platforms Of both politi-
Cal parties, to make every possible retrench-
ment in expenditures of money for the
| public service.
Article Nv, section Q, Of the Constitu-
ton of Nevada says: The Legislature
may at any time provide by law for in
c~reasing or diminishing the salaries, or
compensations, Of any Of the officers
whose salary, Or compensation, is not
fixed in this Constitutions; provided no
such change of salary, or compensation,
shall apply during the term for which he
may have been elected.
The idea obtains to O great extent that
this section of the Constitution applies to
certain county officers. 1t does not, for
the reason that the compensation, or
salary, of no county officer Is fixed in the
Constitution.
The only county officers named in the
Constitution are Clerk, Recorder, District
Attorney, Sheriff, County Surveyor and
Public Administrator Tho other county
offices are created by the Legislature under
the sanction Of the Constitution consid-
cred as necessary
M o,-1., 1,n =, ll,k H. / nk,tA. -,
which the duties and compensation of the
various officers are stated, express the
terms of a contract between the county on
the one hand and the successful candidate
on the other. This is not the case. The
proposition is untrue in reason, for the
essentials Of a contract are wanting. The
officer is not bound to tenure of Office, for
it is within his discretion to resign at any
time. There being no mutual obligation,
the Legislature is also free to act within
certain limits-that is, to increase or di-
minish the emoluments and the duties OF
the office.
The last Legislature increased the salary
of the Commissioners of Eureka County
from 5000 to 81, 200 per annum. That the
incoming Legislature will have power to
decrease said salary is plain enough.
''Sauce for the goose is sauce for the gan
der"
1t will also be remembered that the
Legislature Of 1875 reduced the mileage
fees of Sherifs from Is cents to 40 cents
per mile, though the mileage stipulated by
law at the time these officers were elected
was rs cents per mile.
Here we find two precedents in point,
one of increase and the other Of decrease
of salary during the term for which officers
were elected to serve,
But last and strongest of all is the de-
cision of the Supreme Court OF Nevada in
a case directly in point.
The case is that Of W. A. Trousdale,
elected County Commissioner of Hum
boldt County in November, 1878, for four
years. Before his term of office expired
the 'salary law" came INTO effect, by which
his compensation was reduced. The case
was. decided in favor Of the county.
''rhe Court determined. in accordance
with every well-considered case upon the
subject, that no contract was created be-
tween the government and the officer by
his acceptance of the Office"