Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-04-21
COUNTY ConmIsstoNERs.

Atna INV
of the Justice 81 Peace of Eu-
reka Township ~ U~nconstitu-
tiopai.-Bouds Appproved-Busi-
ness Concerning the Eureka
water works.
The Board me. last Thursday pursuant
TO adjournment and transacted the follow
ing business:
Present. Commissioners Broy, Ford and
Clarke.
Official bond OF y. L. Engstrom As JUS
tice OF the Peace Of Beowswe township
received and ordered approved.
Official bond OF ". O. White ss Con-
stable Of Beowawe township received and
ordered approved.
Communication aud statement from E.
A. Mcconnell. Superintendent of The Eu-
reks Water Works received.
Commissioner Clarke moved that the
Eureka wster Works be paid $3.50 cash
per month for water furnished the Eureka
Fire Department. for fire purposes, Court
house and HOSPITAL.
This motion not meeting with . second,
no vote was taken thereon.
The bill OF +. Il. McNsmee, for salary
ss Justice of the Peace Of Eureka towship
for March. 1894, having heretofore been
vetoed by the Auditor. II was moved by
COMMISSIONS Ford and seconed by Com
missioner Broy, that the same be allowed,
Notwithstanding the objections Of the
Auditor.
The vote being, Commissioners Broy
and Ford. aye. and Commissioner Clarke
no.
Therefore ordered that the bill be re-
jected.
Ordered. That the County Treasurer Of
Eureka county, sell ct public auction. to
the highest and best bidder for each, 10
the manner provided by Law, sll Of the
right, title and interest Of Eureka county.
Of, in and to a tract Of land, situated on
Faulkner Creek. about five miles west OF
the Hot Springs. in Antelope Valley. in
Eureka county. State Of Nevada. known
Is the Faulkner Ranch.
Written opinion Of the District Attor-
ney received.
To the Honorable Board OF County
Commissioners, Eureka county. New
Gentlemen: In compliance with your re.
quest for my opinion as District Attorney,
as to whether or not you would be jnsti-
fed In passing over the veto OF the County
Auditor the bill for the salary Of the JUS
tice OF the Peace OF Eureka township for
the month of March last past, / beg 10
submit the following:
In 1891, the Legislature of this State
enacted a law, section 1 OF which provides
that On and after the passage of this
Act the Justice Of the Peace Of Eureka
township. Eureka county, shall receive a
monthly salary Of sixty dollars" Then
follows two other sections relating to fees,
etc., etc., OF said Justice in certain cases,
which need not be considered herein.
In my opinion the above Act conflict
most radically with at least three sections
Of the constitution of our State. TO wit:
Sections 20. al and rs OF article 4, and is
therefore unconstitutional.
The ninth sub division Of section 40
prohibits the Legislature from passing
local or special laws regulating county or
townships business, and az bur Supreme
Court in the case OF Singleton vs.. Eureka
| Nounkv raca1tIvd acidad that tha dxipo ~
the compensstlons OF officers is q regula-
ton OF county and townships business
" within the meaning OF the constitution
concerning which local laws are pro-
hibited." and as the Act Of 1891 aforesaid
applies solely to q single township within
the county of Eureka and can never by
any possibility apply to any other town
ships within or without the county, il sp-
pears 10 me to be nothing il not within the
sphere Of prohibited local and special
legislation.
1t Is true that the amendment to section
20, ratified at the special election In 1889,
would seem to give color Of constitution
ality to the Act in question; but. in my
opinion section 20 as amended must be
read and construed in connection and side
by side with section 81, for other wise the
amendment referred to would confer upon
the Legislature the power Of literally rob-
bing the people. for instance. by making
the salary Of . Justice Of the Peace, not
only in Eureka township where, occasion.
ally, there Is . little business done. but In
a township like Ruby Hill, Palisade or
Beowawe. where there Is hardly ever any
business TO do. not simply $50 but double
or treble that sum per month.
The rules OF construction Of statutes
apply equally we'll to the construction
Of constitutions, State vs.. Arlington 10
New. 4l2) and 40 oil Of the sections and
provisions Of 9 statute must be. where
possible, construed together, so the various
sections OF q constitution bearing upon a
given point must be considered when de.
termining the constitutional ity Of q law.
The amendment above referred TO there
fore, is limited In Its operation. In my
judgment. by section al. to the extent
that the regulation Of county and town
ship business in fixing the compensation
Of officers cannot be done BY 8 local or
special Law where q general law could be
made applicable.
Section 81, Of article 4, provides thas
"in all Gases enumerated in the preceding
section. and in all other cases where Q
general law can be made applicable. all
laws shall be general and OF unifoi 10
operation throughout the State"
That fixing the compensation of q