Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1890-08-17
EXPENSES.
A Correspondent ..E;xpoaDds the
Law" ~ TO County Omcer.

Law - TO Count OmCerB-
EDITOR INDEPErDExr:-Un fortu-
nately for the position taken in your
criticism OF Taxpayers suggestions
as to how the expenses Of our county
may be reduced, not only the very
Constitution upon which you rely,
bat also the decision OF every Court
OF Last Resort that has had occasion
to pass upon the questions involved,
ID against you. Fearfully and won
derfully made I admit our State Con-
stitution to be, but 1t is not so bad as
TO admit OF the construction which
you have attempted to give it. To
quote tho language of an eminent
lawyer and profound %jurist, let us Ego
prayerfully to the Constitution I" and
seq what it does mean: Sec. 9of Art.
XIV. is as follows: "The Legislature
may Mt any timo provide by law for
increasing or diminishing the salaries
or compensation OF any of the officers
whose salary or compensation is fixed
in this Constitution prorided, no
such change OF salary or compensa-
ton shall apply to any officer during
the term for which he may have been
elected"
Now, what change is limited or in,
hibited by the proviso in said section:
The salary "f.red in this Constitu-
tom" Such change applies only to
those officials whose salaries have
been named in the fundamental law
OF u land. Happily, Mr.. Editor
u Constitution refers neither to the
office of Treasurer or Assessor,
nor fixes the salary Of any county
officer, for that matter. Nowhere in
that instrument will be found any
further reference to this subject other
than that provision which allows the
Legislature to create additional offices
as may be demanded by the condi-
tons OF a county. There is no i'm
piled contract on the part of TIE
State that the incumbent OF an v
office created by the Legislature shall
serve the entire term for which he
may have been elected, or that his
compensation shall not be reduced.
No county officer has Il vested right
in any portion OF his unearncd salary.
The incumbent OF an office created
by the Legislature holds his position
by sufferance, not by absolute and
indefeasable right.
By the Constitution as it formerly
stood there were some limitations rs
to the power OF the Legislature over
certain county Offices, but rs now
amended the very existence OF every
such office is subject to tn" will and
discretion Of that body-not merely
by an act to take effect at some re-
mote day, but by immediate, effective
legislatic n. Were the Legislature in
session to-day, it could at once legis-
late every one OF our county offices
out Of existence and the incumbeuts
out OF Office.
Whenever opportunity offers an ut
torney will refer to decided cases for
presidents; let us likewise exchange
declarations for authority, and read
what the Courts have said:
Tho appointment or election OF n
public officer does not create any con-
tract between tho Government and
himself, that he shall continue the in
cumbent OF that Office for tho period
named, or that his duties shall remain
the same, or that the ~cmolumeuts OF
the Office shall not be changed"
Quoted with approval by the Supreme
Court Of the United States, and by
tho Supreme Courts OF sixteen OF the
Suites. Where n particular office
has been created by statute the Leg
islaturo may, in it's discretion, abolish
the Office, without regard to the ten
ure or expectation OF the incumbent {"
Approved in cases and fol-
lowed by the Supreme Court OF New
York.
Tho Legislature may also pass m
net f" increasing the burdens or duties
OF an officer without enhancing tho
compensation, or diminishing the
compensation without ~lessening the
cuties, or declaring tho Office vacant,
or reducing the salary Of n statutory
officer after he has entered upon his
term oi Office" Tho Supreme Courts
OF New York, Massachusetts, Califor-
mia and of thirteen other States have
declared tho law rs last quoted. Tho
same doctrine vas also followed by
our own Supreme Court in u ease ro-
ported in 10 Nevada. In TINT cnse
the conversation OF the District At
torney OF Washoso county was re-
duced from 5000 to 81 ,50O por yenr
during tho term for which no Ind
been elected, and tho law efTocting
the reduction was hold valid ; and
TINT was n constitutional office with
tho salary fixed by the Legislature.
You affirm that tho "salary can
neither be increased nor diminished
during tho term for which tho officer
may have been elected" Have you
never heard Of tho Atweil net or OF
the Dawley act? Tho Sherif's salary
was increased In tho one and the
Clerks in tho othor. No matter whnt
the tenure Of tho ofico may now be,
re ,,I,ol Nhn At tl