Daily independent. [volume] (Elko, Nev.) 188?-1915, 1889-06-07
A BONE OF CONTENTION.

The expenses of the special election
he'll last February for the purpose Of
authorizing lottery seem to bs bono
o. eontsnlion in this county, AZ the
GrAndTury deemed it -kpedicnt to give
tho subject some attention. In view of
their report on the matter we desire to
be hoard, although We are neither u
lawyer nor the ron Of n lawyer.
An Act of the Legislature, approved
January 10. 1889. auth orized special
81 ction to be hell on the llth day Of
February, 1889; an Act. approved jan
uary %. 1889. appropriated $4,000 to
pay tho expenses of said election, the
lows;
SECTION 2. The Boards OF County
Com ;nissioners in the respective coun.
ties in this State shall, immediately
after aseertaiuing the expenses of said
election, certify the Same to the state
q ,utroller, who shall, upon receipt OF
such certificate, draw his warrant upon
the State Treasurer in favor of the
Chairman of each Board of County
Com ruissioners for tue unount SO Ger.
titled ~ being the expenses OF said
special election in each county.
This seems to be about us plain q
stnteu1nt as could ba n.ude III the
English language, and is susceptible Of
but ono construction. The duties OF
the Boards of commissioners and the
Stale Controller are explicitly exp ess.
cd.
Before tho Legislature adjourned the
attnal expenses of mid eIscsion were
found to exceed the appropriation by
$4,6s7 10 mud an Ac.. approved March
8. 1882, appropriated ti,t sun 10 cover
the dclicicucy. SO far Ill wns we'll; hut
the Stnte Board OF Examiners tock IL
into their heads that it wns their pro
vince to overhaul and cut dow The bills
allowed by the several Boards of Com
nlissioners. Notwithstanding thn plain
declaration of tho law in regard to tina
payment thereof, and we desire to give
one Instance to show the Inconsistency
of the Board Of Examiners.
The law provides, [see General Stat g..
u!rs 81 ction 1881 that the lees NJ
lowed to the Severai PERSONS for carry.
irg the poll books from the plmce of
election to the Clerks Office shall be
twenty cents per mile for going aud O.
turning. <Fhe previous section desig,
mites ANY general or special cleo
tiou."D Everyone knows TINT the dir
tnncc from here to Tuscarora il over SO
miles, but in making up the fees the
messenger from ruscnrorn was allowed
~ cents per mile for 90 miles or $40
for the trip. The Board of Examiners
cut the bill down to fifteen dollars
This il only one of several similar in.
stances in this county, aud we might
we'll nsk, BY whnt authority dill thu
Ponrd curtail the lees provided b,
luw2
But we are told that the Constitution
makes it the duty of the Board Of Ex.
aminers to pass on bills against the
State. Article V, Section 81, Con. titu
ton OF Nevada. provides that the Gov
ernor, Secretary of State. and Alto, ney
General shall constitute d Bonrd o
Examiners, with tho power to examine
all claims a3niust tho State (rxcep
salaries, or co'npen +Htion of officer.
fixed by luw), und perform UGH oths
duties ns may ba prescribed by law
This does not give the Board the uu
thority to reduce compensation fixed b,
law, m they die i'll the fets Tor III jl"ax,
~ tho case rboye oited, III we'll ~ othe
onScs.
We claim that while the Board la,
tho power 20 examine the clai,ns pre
. scented. provided it chose to do 10, 1
Lao NJ right, IN vic~-o the Act Of jan
usty "a, 1889. 10 reduce the amount,
Certified by the sc veral boards uf Cam
nis"i0ners for which the State Cen
trollsr Was ordered to draw his war