Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1890-08-17
COUNTY OFFICES.

EprroR ENTHUSIASTICALLY was
the net Of the Legislature extending
the tenure OF Assessors then in Office
declared Unconstitutional For the
simple reason that Section 81 OF Arti-
Gle w, OF our State Constitution pro-
yides. or thon provided, that all county
officers must DO elected by the peo-
ple. By reading the decision OF the
Court upon this question rs reported
in 10 New, Ala, you will observe that
the power OF tho Legislature To abol-
ish the Office OF Assessor, or to ex-
tend the term OF Office, not OF the
officer. WAS expressly affirmed. The
limitation consists in the names OF
designating tho incumbent, not in
abolishing or continuing tho
So long as the Office exists it must be
filled by an election, not that the
office shall forever continue to be, is
the effect Of that decision.
"Were the Legislature in session to-
day, it could at once legislate every
one OF u county offices out OF ex-
istence and the incumbents out OF
office" you brand rs neither common
sense nor good Law. Unfortunately
for the honor and fame OF the dis
tinguished Judges who rendered the
decision just referred to herein, they
took a different view, and, to use Il
technical phrase, have ventured to
override you on this point. In n fit
OF Observation-Disclosures, or perhaps
through lack OF information, in de-
livering its opinion in the Assessors
case, our Supreme Court uses this
language: AIN the absence of Con-
stitutional limitations and restric-
tons, the power OF the Legislature is
as absolute, o~mnipotcnt and moor
trollable as Parliament" Every stu
dent Of English history knows that
there is no limit TO the power OF Par
Lament. Blackstone says that the
power OF the Legislature, unless re-
strained by express words, is omnipo-
tent; but then he's dead and can't
vote.
Arc there any constitutional limi-
tations preventing the Legislature
from doing everything that l have
suggested? AS the opinions OF learned
Courts, renowned all over the world
for ability and wisdom, fails to satisfy
you concerning the extent Of Legis-
lative authority, perhaps the Consti-
t%utional amendment to Section 81 Of
Article ~ (See page l52, SITS. New,
1882, will crafty your craving for
truth: ''The Legislature shall have
power to increase, diminish, consoli.
date or abolish the following county
Understanding them. CHE word
officers must be a typographical error
Tor tho word ~oflices). Now you surely
do not wish to DO understood ms
asserting that the word "abolish =
means TO continue for two years and
then cas- to be. Webster and other
photographers say that "abolish :,
means to put an end to, to terminate
to %annihilate. If you can explain
how an Office n exist for two years
after it has terminated, then a radical
evolution in the construction OF Ian.
guage will have been had. The
amended section also contains the
words diminish and consolidate" By
express words giving the Legislature
power to lessen the number OF offices
and oiIiceholders. The cxpediency OF
consolidation I have urged; the power
TO do so is given in language that
even editors and other great moi
ought to be able to understand.
The dismissal of n few
county officials seems to appal you
Tho startling rapidity with which
e~ighty-iive thousand dollars, annually
collected in our county in the way
OF taxes, vanishes into thin air, to me
furnishes matter of much graver i'm.
port. Perhaps it is better that ranch.
ers should execute mortgages than
that n fcw OF tho favored should
cease to bask in tho sunshine OF
official luxury, but my Borrowed
books do not read that way.
"Suppose that the Legislature
should exercise it's prerogative in
abolisbing all county Offices" otc,
Suppose that the Legislature should
also refuse to appropriate any money
for State purposes; would not the
Same result follow? The power OF
tho individual Legislator to vote "no',
is just rs certain as the power to vote
"aye."
Tho presumption, however violent,
upon which a free government de-
Ponds is, that oil men will do their
duty; hence, supplies nre always
voted. Tho bug-bear that you set
up was employed by tho minions Of
King George; no finally admitted TINT
thore vas something in the theory Of
self-govorn mont.
You also seem to question tho power
OF Tho Legislature to disorganizo or
dismember counties. Just read ono
OF tho late Democratic County plat.
forms aud you will find n plank pro-
testing against the Legislature doing
that ynry fhinu In rnyurI In E,ko