Daily independent. [volume] (Elko, Nev.) 188?-1915, 1889-09-19


in and for Nye County, De-
PENDANT.
This is an action wherein the plain
tiff seeks, by the equitable interposi-
ton Of the Court, to have the defend
ant, rs County Superintendent as
aforesaid, perPetually enjoined from
drawing his warrant on the Treasurer
of Nye county, in favor of one Bert
Sweeney, alias A. H. Sweeney. for a
certain sum Of money, claimed to be
due to him for services as teacher of
the Public School, in Duckwater
School District, in said county, during
the current year, and prior to the
commencement of this action.
Various reasons are urged why, un-
der the law, the plaintiff should pre-
vail, none Of which are good, or need
be here discussed, under the facts and
the evidence, except the one, to wit:
That said Sweeney, when he COM
menced to teach, and while he taught
said school, had no legal certificate of
good moral character and qualifca-
ton to teach the same, and his en-
ployment 30 to do was illegal and
void.
On the 18th day of November, 1886,
he, said Sweeney, obtained from the
County Board Of Examination, of Eu-
reka county, a certificate Of good
moral character, and of qualification
to teach grammar school. It was
also expressed in said certificate that
it should be good for two years from
and after it's date, unless sooner re-
voked for good cause shown. It has
also an endorsement thereon, made
July IA, 1883, by the State Board of
Education, making it good in ell
counties of the State-if said Board
has the power so to do. But that en-
dorsement did not profess or attempt
to extend the time for which, by it's
own terms, it was to be good, that is,
in force.
If said certificate is valid, or was,
when said Sweeney commenced teach
ing said school it must derive it's life
from the Act entitled IAN Act to
amend an Act entitled AN Act to pro-
vide for the maintenance and super
vision Of Public Schools approved
March 20, 1885," approved March II
1885.
The Court is Of the opinion-arriv-
ed at with great reluctance-thatsa said
Act is unconstitutional and void,
hence, that it's provisions have nc
bearing upon the validity Of said Ger.
tiflcate.
1t must be borne in mind that said
Act of March IL, 1885, proposes, by
its title, only to amend, it is silent al
the Sphinx as to any intention to sup
plement. And in the body Of an Act
it bunglingly attempts to amend onl,
sections 2 and 8, OF the Act Of March
%, 1865. 1t makes no allusion to the
fact, in title or purview, that said sec
tions 2 and 3 had been amended by
"An Act amendatory of an Act en-
titled AN Act to provide for the
maintenance and supervision of Pub
lie Schools approved March %
1885," approved March 8, 1867. Sc,
Stats. OF 1867, page SO.
If it was desired by the Legislator,
to change said sections 2 and 3 from
their reading and effect, as given b,
the amendments thereof made b,
said Act Of 1867, that intention should
in some plain manner, have beer
stated in the last amendatory Act
that Of 1885; but it is not limited at
on the contrary, the Act of 1885 goe
on, by it's plain terms, to amend tn,
said sections and 3 of the origina
Act, as il they had never been amend
ed! thus amending sections which ha,
long been repealed, at least, in an,
event, supplanted.
The amendatory Part OF the Act o
March II 1885, nc. her by title no