Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-08-26

The County Commissioners Meet to
Nee Again.

The County Commissioners Nee to
Meet Again.
A special meeting Of the Board Of County
Commissioner was held yesterday after.
noon, TO consider the expediency of pub
fishing at once a notice OF the Fall cleo
ton, leaving out the Office Of Asses
sor, in order that legal objection being
taken thereto, q test case could be made
and taken to the Supreme Court of the
State. The District Attorney. the Clerk.
George W. Baker, Esq, counsel for
Assessor) and quite a number Of others
were present. Col. J. V. B. Perry and r.
Sadler each presented Q protest differently
prepared, but meaning the same, and ask
ing that in the notice OF election the
Assessors Office be not omitted-that ii be
inserted with the rest, on the ground that
the law of 1883, extending the term of the
present incumbents, is unconstitutional
and void. There was . vast deal said,
everybody taking part in the discussion,
which had no bearing upon the matter at
issue. b there was in the case, how
ever, was shown up very clearly
over and over again. The question OF in
sorting or committing the Assessors Office
in the election notice is one simply Of law
and not Of sentiment. Until the Supreme
Court OF Nevada has passed upon the Act
OF 1888 referred to it stands as valid. For
the County Commissioners to interpret
that statute for the Supreme Court by an
ticipation would be presumption never
heard Of before. That law, in effect, says
M AaaauaAs Do a. L. Al Ali E-ll
How, then, can the County Commissioners
OF this or any other county. consistently
give notice OF the election of an Assessor ?
They may do 80. They may do Q whole
lot of things. They may give notice o.
somebody said, Of the election of Q Town
Bull. There are several other vain and
silly things that they may do. The fact is
that the ACT of 1883 annuls all that there 10
in the general election law bearing upon
the Assessors Office in the election this
Fall. This Office is az much excluded
therefrom, for this time, as though il were
no Office ct all. Bot the proposition made
by Mr.. Wallace was to leave the election
notice published now (the Assessors Office
omitted) in order to make a case that
might be passed on by the Supreme
Court by 20 days before the election.
Then, according to the decision of that
Court, the Assessors office would be placed
on the list or left off. The Commissioners
seemed to be weakened about it, and
wanted to know, if the Court did not act,
whether they could make g second notice
and put the Assessors Office on in case it
were ommitted in the first instance-as
though the Honorable Board may, per-
hsps. be, after all, entitled to have the
Constitution expounded for them, and use
said e%xpounding as q sponge to wipe
out laws from the statute books.
At all events, there is nothing to lose by
leaving off the Assessors Office and every
thing to gain by it. The omission cannot
in any case. invslidate the election if any
body can be eligible TO the Office. No such
dereliction on the part Of the Board can
deprive Q citizen Of his right to be elected
TO and hold Office. Still it was so difficult
and knotty 9 question that the Board
wanted to sleep on it and adjourned until
10 o'clock this morning-thus, perhaps,
causing the loss Of two days out of the
time the Supreme Court might have to
consider the case-which case VIZ have ne
doubt the court, owing to the emergency,
will act on without delay.