Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1894-10-27
IraALarrnroN

10 the Honorable boeru OF toahty
Commissioners. Eureka county. New
Gentlemen +: In compliance with your
request for my opinion 90 District At
torney, % 10 whether or not you would
be justified in passing over the veto OF
the County Auditor the bill for the sal
Ary Of the Justice OF the Peace Of Eureka
township for the month Of March last
past. / beg TO submit the following:
In 1891 the Legislature Of this State
enacted . Law. section ! Of which pro-
vides that ''On aud after the passing OF
this Act the Justice Of the Peace Of Eu-
reka township. Eureka county. shall re-
ceive . monthly salary Of sixty dollars"
Then follows two other sections relating
to fees. etc., etc., Of said Justice in Ger.
tain cases, which need not be considered
herein.
In my opinion The above Act conflicts
most radically with at least three Sec
lions Of the constitution Of our State, TO.
wit : Section 20, 81 and Is Of Article 4,
and 10 therefore unconstitutional.
The ninth sub-division Of section 20
prohibits the Legislature from passing
local or special laws regulating county or
township business, and - our Supreme
Court in the case Of Singleton W. Eureka
county recently decided that The fixing
Of oompensstionssof officers 10 . rsguls
tion Of county and township business
"within the meaning Of the constitution
concerning which local laws are prohib-
tied" and IS the Act Of 1891 aforesaid
applies solely to . single township wishin
the county Of Eureka. and can never. by
any possibility. apply 10 any other town
ships within or without the county, il
appears to me to be nothing IL not within
the sphere Of prohibited local and special
legislation.
IL ID true that the amendment 10 sec
tion 20. ratified at the special election in
1889. would seem TO give color Of IN
stitutionality to the Act in question;
but. in my opinion, section 20 as
amended must be read and construed in
connection and side by aide with section
81. foe otherwise the amendment referred
to would confer upon the Legislature
the power Of literally robbing the people.
for instance, BY making the salary Of .
Justice Of the Peace, not only In Eureka
township where. occasionally. there is .
little business done. but In . township
like Ruby Hill. Palisads or Beowswe.
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 well to the construction Of
constitutions state vs.. Arlington, is
New, 4l2) and as all Of the sections and
provisions Of . statute must be, where
possible, construed together. so the var
ious sections OF . constitution bearing
upon agiven point must be considered
when determining the constitutionality
Of q law.
The amendment above referred to.
therefore, is limited in its operation. in
my judgment, BY section 81, TO the ex-
tent that the regulation Of county and
township business in fixing the compen-
sation Of officers cannot be done by .
local or special law where . general Law
could be made applicable.
Section 81. Of article 4, provides that
Tin ell cases enumerated in the preced-
ing section. and in all other cases where
. general law Dan be made applicable. all
laws shall Be general and Of uniform op-
GRAFTON throughout the State"
That fixing the compensation Of .
Justice Of the Peace ~ we'll ~ that Of
other officers 10 within the cases "snu-
msratsd In the preceding section t~ssction
20l. goes with the saying; indeed u has
been 90 decided In Singleton ". Eureka
county, and that II is q Of the Gases
where 80 general law could b made ap-
plioabls" there can be NO doubt, for. ~ .
matter Of fast. for over twenty-five
years the Office Of Justice Of the Peace
has been conducted under . general law
10 regard to fees and compensation, -
we'll - 10 ell other respects.
The Act 10 question 10 not only not up.
plieAbls to townships Of . certain class,
~, for instance. Of . certain voting pop
ulation throughout the State. but it ex-
cluded from its provisions the various
other townships Of Eureka county. and
10 in entire derogation Of that uniform
System Of county and township govern
ment. which the Legislature. under SEQ
tion rs. article 4. Is required to establish
t~hroughout the State.
State W. Boyd, 10 New. 43. and
Welsh ". Brambet. 50 CAL. 2l9. in my
judgment sustains this position.
In the case Of Singleton Va. Eureka
county. the Court animAdverts upon the
injustice Of the night Waterman Act.
"whereby the taxpayers Of other parts
Of Eureka county have been compelled
TO assist in maintaining . Waterman for.
the town Of Eureka" etc., etc. Now IL
the injustice" Of . law cuts . figure and
is an element to be considered in its
constitutional construction, the Act Of
1891. under which the Justice Of the
Peace Of Eureka township became en-
titled to . snug salary in addition to
fees in certain cases.. payable not alone
by the taxpayers Of that particular town.
ship, but by those Of other townships