Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1889-09-22
UNCONSTITUTIONAL
The school Law or 1885 Con-
dcmned as Void.
IN THE DISTRICT COURT OF
THE STATE OF NEVADA, IN
AND FOR THE COUNTY OF


ant, MS County Superintendent as
aforesaid, perpetually cnioined from
drawing his warrant on the Treasurer
OF Nyc county, in favor OF ono Bert
Sweeney, alias A. Fl. Sweeney, for a
certain sun of money, claimed to be
due to him for services rs teacher OF
the Public School, in Duckwater
School District, in said county, during
tho current year, and prior to the
commencement OF this action.
Various reasons arc urged why, un-
der the law. the plaintiff should pre-
vail, none Of which are good, or need
beDhere discussed, under the facts end
the evidence, except the one, to wit:
That said Sweeney, when he com
mcnced to teach, and while he taught
said school, had no legal certidcnto OF
good moral character and qualifica-
ton to teach tho same, and his en-
ployment so to do was illegal and
void.
On the 18th day of November, 1856,
he, said Sweeney, obtained from the
County Board OF Examination, OF Eu-
reka county, n certificate of good
moral character, and Of qualification
TO teach a grammar school. 1t was
also expressed in said certificate that
il should be good for tro years from
and after its date, unless sooner re-
voked for good cause shown. 1t has
also an endorsement thereon, made
July II, 1858, by tho State Board OF
Education, making it good in all
counties OF tho State-if said Board
has tho power so TO 10. But that en-
dorsoment did not profess or attempt
to extend the time for which, by its
own terms, it was to be good, that is,
in force.
II said certificate is valid, OF was
when said Sweeney commenced teach
ing slid school it must derive its life
from The Act entitled can Act to
amend IN Act entitled AN Act to pro-
vide Tor the maintenance and super
vision OF Public Schools approved
March 20, 1855" approved March -,
1885.
The Court sof the opinion arriv-
ed at with great reluctance-that said
Act is unconstitutional and void,
hence, that its provisions have no
bearing upon the validity OF said GER
t~ifcate.
It must be borne in mind that said
Act OF March II, 1855, proposes, by
its title, only 10 amend, it is silent as
the Sphinx as to any intention TO sup
pi'n'nt. And in tho body Of an Act
it bunGlingly attempts TO amend only
sections . and 3, of tho Act OF March
90, 1856. 1t makes no allusion TO the
fact, in title or purvicw, that said sec
tons 2 and 3 had been amended by
San Act amendatory of an Act on.
titled AN Act to provide for the
maintenance and supervision OF Pub
lie Schools approved March 90,
1863" approved March S, 1867. See
Stats. OF 1867, page 50.
II it was desired by the Legislature
to change said sections Q and 3 from
their reading and effect, as given by
tho amendments thcrcc; made by
said act OF 1867, that intention should,
in some plain manner, have been
stated in tho last aineudatory Act,
that OF 1885; but ii is not hintcd ut;
on tho contrary, tho Act of 1885 goes
on, BY its plain terms, TO amend the
said sections 9 and 3 OF tho original
Act. as il they had never been amend
cd! thus amonding sections which had
long been repealed, at least, in any
ogcnt, supplantcd.
Tho amendatory part OF tho Act OF
March y, 1885, neither by tito nor
body, has any allusion to tho Act be-
ginning on page 15G, Stats. Of 1873,
which Processes TO amend said section
8 Of tho Act OF March 20, 1865.
But tho provisions of all OF sections
! and 5 of tho Act OF March u, 1885,
nre subject to another serious and fatal
criticism. They aro original and not
amcndntory. Being original, If they
amount to any thing il is because thoy
weTe intended TO DO supplementary to
tho Act (School Law OF March 20,
1865. But the Act OF March II, 1885,
docs not, in it's title, propose to sup
plcmcnt any thing, and the original
innttcr contained in sections 4 and 8
OF that ACT GRO not "mattcr properly
connected with" tho zone subject OF
that Act, ar sct out In it9 title.
II IL manifest, therefore, that tho
cnt;ro Act OF Mprch IL, 1885, is un.
constitutional and void; and certii-
Gates to teachers onn only be issued
under tho Act, s~nction Il. OF 1919.
See Statusoo Of 1873, page l6l. Undor
that gcctiSn, certificates OF tho first
grade are only good Tor two yeara, and
these OF tho second grade for n
year. And il follows that, eaid
Sweeney had not whom no began
teaching said school, aud had not
while ho taught IL, any legal certif.
cato for Nye county-any ontitling
him to o warrant for his salary us
gicb teacher.
Psrhap', by liberal construction, tho
Amondatory Act of 1873, Stuts. pagc
156, may he held constitutional; II 30,
it governs tho State Boiud Of Educn.
tiori see sect. 1; and tho issuance
aud duration OF County Board ccrti-
U,.t.o. .,o .,opi 10