Daily independent. [volume] (Elko, Nev.) 188?-1915, 1890-08-14
Cou nty Official Paper
COUNTY OFFICES.

do
the act of the Legislature extending
the tenure of Assessors then in office
declared unconstitutional" For tho
simple reason that Section 80 of Arti-
Gle ~, Of our State Constitution pro-
vides, or then provided, that all county
officers must be elected by the peo-
pie. BY reading the decision of the
Court upon this question as reported
in Is New, Alb, you will observe that
the power Of the Legislature to abol-
ish the Office of Assessor, or to OK
tend the term of office, not Of the
officer, was expressly affirmed. The
limitation consists in the manner of
designating the incumbent, not in
abolishing or continuing the office.
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.
"Wore the Legislature in session to-
day, it could ut once legislate every
one of our county offices out of ex-
istence and the incumbents out of
office" you brand as 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 different view, and, to use a
technical phrase, have ventured to
override you ON this point. In fit
Of Observation-Disclosures, or perhaps
through lack Of information, in de-
lirering its opinion in the Assessors
case, our Supreme Court uses this
language: "In the absence Of Con-
stitutional limitations and restric-
tioas, the power of the Legislature is
as absolute, omnipotent and uncon-
trollable as Parliament" Every stu
dent of English history knows that
there is no limit to the power of Par
iiament. 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.
Are there any constitutional limi-
tations preventing the Legislature
from doing everything that I 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 Legisc
lative authority perhaps the Consti-
tutional amendment to Section 80 Of
Article ~ (See page 152, SITS. Nov.
1887, will crafty your craving for
truth: "The Legislature shall have
power to increase, diminish, consoli.
dase or abolish the following county
Understanding them. frhe word
officers must be a typographical error
Tor the word oiiices). Now you surely
40 not wish to be understood as
asserting that the word "abolish ,,
means to continue for two years and
then cease to be. Webster and other
photographers say that "abolish "
means to put an end to, to terminate,
70 annihilate. II you can explain
bow an Office can exist for two wears
after it has Terminated, then a radical
evolution in the construction of lam
Suage 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
aud ouiooholders. The eypediency Of
consolidation 1 have urged; the power
70 do so is given in language that
oven editors and other great men
ought to be able to understand.
The dismissal of few UNNECESSARY
county officials seems to appal you.
The startling rapidity with which
&'ghty-hve thousand dollars, apnuallv
collected in our county in the way
oi taxes vaaishes into thin air, to mo
4ESnishss matter Of much grayer i'm.