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

OF lnomas wren tOf fctstot
Peter Breeo, District Attorney. for re-
spondent.
BELKSAP, ,.
This is . writ OF msndamus requiring
the respondent ss ex.oficio Auditor Of
Eureka county. TO audit and allow the
REALTORS claim for salary as Justice oil
the Peace OF Eureka township.
At the session Of the Legislature in the
year 1891 an Act was passed allowing
the Justice Of the Peace OF Eureks
township . salary Of sixty dollars per
month. in lieu Of fees. stats. 1891, :
35) The only question is whether the
Legislature bad the power to adopt
special law applicable TO the incumbent
Of this Office.
The objection 10 that the law 10 specia'
and local regulating county and town
ship business, contrary to the provisions
Of section 20 and article 4 OF the consti-
tuition.
The authority to enact special lawI
fixing the compensation Of county off
GERS has been frequently exercised By
the Legislature. No Judicial question .,
TO the constitutionality Of such legisla-
tion has been made until the State vs
FOCUS (l9 New. 257) was decided. In
that case the power Of the Legislature te
adopt laws of this nature was upheld,
That decision was followed and approved
in the case Of Comstock NJ. L NJ. 20. vs.
Allen. 81 New. "a.
II would seem that these cases should
have settled the question adversely e
the REALTORS contention. but the consti
tuition itself has been amended since tbs
decision in State vs.. FOCUS, and. 81
amended, removes, in terms. all r~estric-
tions upon the Legislature upon the sub
ject Of compensation Of county and town
ship officers. The amendment is as fol-
lows:
"Sec. 20. The Legislature shall mol
pass local or special laws in any Of tht
following enumerated cases, that 10 e
say. regulating county and township
business, but nothing 10 this section shall
be construed TO deny or restrict tht
power Of the Legislature to establish and
regulate the compensation and fees Of
county and township officers"
Let the mandamus issue.
MURPHY, c. ].
We concur: BIGRLow, j.
BELKSAP, ].
Filed October 3, 1894.
JOE JOSEPH, Clerk.
EDITOR SENTINEL Relying OF you
we'll known liberality in opening th,
columns Of your Taper to your subscrib-
ers and the citizens generally Of the
county, who desire to set themselve,
right before their ~nsighbors, where
wrong impressions have been generated
either by mistake or malice Of interested
parties. l take the liberty Of asking thu
in justice to myself you state to my fell
low citizens . few facts. Mr.. Editor,
for more than Q year past ii has been in
dustriously circulated in this county
that /, Is Justice OF the Peace Of Eurekl
township, was illegally drawing from
the county treasury . salary Of $50 pc
month. Under ordinary circumstance
| would not notice these vsporings o
interested and ill-informed parties. ant
until now I have never e~ndsAvored :,
vindicate myself and the majority Of th'
Board Of County Commissioner wht
voted each month for the allowance o
my salary. ss provided BY the laws @
this State, having preferred 70 leave ths
matter for Goal settlement to the deter.
mination OF the highest court Of thil
State.
About the 6rst Of September I insti.
tutsd mandsmus proceedings in ouI
Supreme Court to compel d Auditor
VIM. Spinner, to draw his warrant foI
my monthly salary. 10 which ! deem
myself entitled under our laws. In q
opinion delivered by that court October
8. 1894. my position in the premises ant
claim 10 the salary promised 10 me b,
the Law VA promptly maintsinsd snt
my claims 10 the same unhssitatingl,
and thoroughly sustained ~ being both
just snd lawful. Notwithstanding th,
verbose opinion Of District Attorns,
Brssn against the legality Of the same,
and prompted. ~ I have reason TO be
lisvs. by feelings more or less persona
to myself. Herewith I submit to you,
and request the publication Of the opin-
ion Of Mr.. Breen touching this subject,
rendered lsst April At the request Of
Commissioner A. G. Clarke. and 81 pres
emit . candidate for Sheriff, and also the
unanimous opinion Of our Supreme Court
ovsrruling the gentleman's profound
legal production. The two documents
speak for themselves, and Mr.. Breen'i
covert and i~nsinuating reference to Z
"snug salary" and how nicely othel
townships could get along without .
Justice Court in Eureka county. also
speaks for itself. and indicates that gen.
tleman's snimus toward myself, and
what probably helped to eliminate from
his profound understanding the brilliant
but mistaken opinion he rendered last
April. Mr.. Breen also states In
his opinion that legislation Of
the kind under review is the obnoxious
production Of jobs aud jobbery harmful