The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1883-04-01
THE AssEssoE.s BEL.

The Virginia Chronicle having ex.
pressed au' opinion that the So called
assessors bill. extending the terms OF
the last elected Assessors from two to
four years, is unconstitutional, the
Austin Democrat takes up the argu-
ment in favor Of the legality of the act.
In closing its argument IL snys: with
all duo respect TO those whose opinions
upon this subject differ with ours. we
fail to see in what manner the law i'm :
pairs the obligation of a contract, aud
We challenge the press Of this State to
give us the reason which resu in their
conclusions"
While disclaimiug any interference
between those journals, whose cousci-
entious scrup,ss we admit. we herewith
ca'l their attention to certain pro-
vision of the Constitution which may
have been overlooked. 1t will be found
In section 80 Of article $, under the
head of distribution OF Powers" as
follows:
"Thc Legislature shall provide for
tho election, by the people. of Clerk
Of lie Supreme Court, County Clerks,
County Recorders. who shall be ex-
ofi:cio County Auditors. District At
torneys, Sheritfs, County Surveyors,
Public administrators, and other nee
essary officers, and fix b. law their
duties aud compensation. County
Clerks shall be ex-oiilcio Clerks of the
Courts Of Record OF tho Boards OF
County Commissioners,in in and for their
respective Counties"
County Assessors aro not named In
the foregoing list of county officers.
Whether they nre "oihcr ne necessary OIL
GERS" or not, it is for the courts 10
determine. Thus far they have not
haon called upon TO decide that quest
ion. Perhaps the issue may sIise two
ytGIs hence, il como ambitious aspirant
for an Assessorship chooses ty raise the
question.
The question under consideration is
simply one Of cons,i!utiouality-no OF
policy. NeTsp tpcrl aro no; the proper
attorneys to decide Chat question; but
they are entitled TO have, and express
Gn opinion with ell de.,rence to The
cour,s.
The constitution trainers failed
with or without iutent-to include tho
Assessors among the county officers
shat "lLe Legislature shall provide
for" Tho constitution left it to the
Legislature to determine. whether or
not, Assessors are among "oiher neces.
shIy officers" Mr.. Dovey, in the
Assembly last winter, thought they
were not, and proposed, us it was not a
Constitutional Office, TO annex the
Assessor Office to tha. OF The Sheriff.
making tho Sheriff ex-ufllcio ASSESSOR
aud Tax Collector. His bill, however,
was defeated.
The Assessorahip, being solely n
creature of Legislative action, can, Of
course, be abolished hy the same au.
thoriiy that crcAied 1t; or, IL that body
choose 20 exercise in full its arbitrary
power, it couid make it lifc Office, or
one OF ten years or two years, at its
option. There is no constitutional lin
itution OF its power. The authority
thnt created can destroy, or modify, ut
its own sweet will. Such Is another
consequence OF our lovely Constitution.
In the above We have only r.ferred
to the power, not TO the policy. Of this
Assessors bill. That is another and
distinct matter.
We are Of tho opinion that had tho
Legislature made tho act operative Mt
the end OF the term Of the present off.
GERS, th,re woull have been but little
opposition to it. Iu fact, longer term
for all county officers wOull meet with
general approval. The terms are now
too short. Perhaps an additional pro-
vision that tho Assessor should hold for
four, or six, years. aud afterwards 10
ineligible, would be- further improve