Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-10-19
SUPREME COURT DECISION.


The state Of Nevada Ex Rel. County
S ~ ySn: rfra1ser ~
In, ppIvn.p1,
va ''
Al the session OF the Legislature Oh Aoo9
a law was enacted requiring special election
70 he held upon the 18th dav of February of
:, a..
'A"'
people certain proposed amendments 10 the
Constitution OF the State. Stats. 1859, P. IA.
Under the general laws pertaining to eiec'
tons the counties respectively were cnargea~
Bile with the expense, and IN order to reimburse
them the sum OF $4,000 OF the unaPproPri'
ated moneys IN the State treasury was set
apart by law approved by the Governor,
January %, 1889. Stats. 1850, P. a.:
The second section OF the law Is as follows:
'.Sec. 2. The Boards OF County Commits
sioners In the respective counties In this State
Shall, Immediately after ascertalning the ex-
Penses OF said election, certify the same to
the State Controller, who shall upon the re.
ceipt OF said certificate draw his warrant up
on the state treasurer IN favor OF the
Chairman OF each Board OF County Commits
s,oners Tor the amount SO certihed as being
the expenses OF SAID special election IN each
county.
Under the provisions OF this section, the
Board OF County Commissioners OF Lyon
county certined that the expenses OF the
county amounted to the sum OF $I.o3z IS,
ana demanded OF the controller MS warrant
therefor. Inc demand was refused, and
thereuPon relator commenced TINS proceed
ing by mandamus to compel the issuance oil
the warrant:
Inc Peution alieges, among olher 1hngs,
tnat tne otate BOARD o. EXAMINERS AUDITED
the ciaim OF the county Tor the sum OF PTS 20
ana tnat respondent mas tenaetea MS war
rant upon Inc state treasury Tor TINS amount.
Inc question is whether the Legislature
can require the controller to draw ms war
rant iol the amount ascertaiheo 10 DC que oy
tne Doaia OF County commissioners OF
wne.nei .he o!ale DoAIu o. Examiners, IN,
uel tue provisions ui !ne oohso'u'ion' shouio
nave ,s auoi'eo Tue cia'm.
ins Constitution. Article > section zi,'
provinces; he Uovelnof, secretary o'
o'",e anu nt.orhey oS"erai snaii constitute
DuA.u VI S'1 rhSoh Commissioners,
wnich ooA'u snaii nave sucn supervision OF
al matters connected win inc state rrison
As may DC PIOVioeo py law. lhey snaii also
constitute poaIo OF Examiners win power
70 examiue ali CHAINS against the state lex
cePt saiaries ana compensation OF omcers
h&eo oy iawl ana perform sucn otner duties
as may DC PreScrioeo oy law. Ana no claim
against tne otate except salaries OF compen,
sauon Vi onncers nxeo ny law shaiI DC passed
upon ny lne Legislature without having peen
considered ana acted upon py SAID board OF
Examiners
Inc statutes relating to the enforcement OF
Chains against the state piovide that CLAIM
i"r winch an appropriation mas been made,
put OF wnlcn the amount mas not been iiqui-
oateo' may DC presented 10 the board OF Ex-
amihers. VINO snail act IN the matter, either
ny Rejecting l. VI Allowing u, IN whoie or IN
part; tUeh. otat'' sec io9o')
Inc DUTY Is also imposed upon the Board
70 examine all claims presented oy Peution'
lor whicn no appropriation mas beeh maoe'
"and which require 10 DC acted upon oy the
Legislature ana TO take all evidence IN re-
gard 10 the same winch may DC ohered oy
the claimant or deemed proper by the board.
Inc evidence snaii De reduced 10 wHthg'
ana 'ogeener win inc Petilions snai DC Trans
!hl'teu 70 tue Legislature a. .he aist Gay Of
~ mex. session' .oselher win inc opinions
Vi INC ooaro III reference 10 INC "eii's oi 'ne
SAME tSee' !oyoJ
n. eeen oien'lai sess'on " .ne LesisiA'uie
appropriations are MADE ior the support OF
Ine government ior the TWO years then cur
rent: from ,ne nature Oh the case II Is I'M.
Possio'e ioi inc Legislature 10 anticipate tne
details OF expenditure o, 10 ehamefate the
sPec,hc alsoursemenls 10 DC MADE hppso,
Phations are maze unue' sepata's ieaas' ana
e~Penoi,aies na'se~oie oheietO arc CONSUL
ereo ana passed upon oy the board OK Elk
aminers, IN CONFORMITY win inc requirements
Q, inc CONSTITUTION .na' tney ;hali examine
an CHAINS against !he stare. Clsims loi
whicn no APPROXIMATION mas oeen maze must
DC ac'eu upon Dy 'ne Doaro peiore SUBMISSION
to the Legislature In order that It's members
may nave the advantage Oh inc Information
wniSn Ihe members OF the noara would nat
uraiiy acquire from Inc nature Oh their duties.
ihese provisions Oh inc statutes present
Pracucal anu reasonable exposition Oh tne
provisions Oh inc Cons'itotioh' ana Piace the
aath6,ly 70 aud,l unlqu,aalea Grains WIN
inc Doaro cIeateo LOT that purpose py the
Sonsi!uuon.