Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-03-19
BEAJTY'S LEGAL OPINION
MARCH 10

among LAWYERS as well as the leglsla-
tors regarding Attorney General
Beattv's legal opinion relating to the
right of members to draw extra pay,
the APPEAL reprints the decision.
1t was printed on Sunday last, but
the rush Of work in the composing
room on the last night of the session,
it resulted in many errors, which, al
though small from n typoSraphlcal
standpoint. make the opinion very n
consistent from legal standpoint. Out
of Justice to Mr.. Beatty, we report the
opinion correctly. as we can imagine
no greater annoyance to lawyer
than to have his legal opinions MUIR
dered numerically by sleepy typos,
who are nodding over their work at
80 in the morning, as they were do
ing when they first set up General
Beatty's opinion.
The following is the opinion as filed
with the State Controller:
The question embraces two distinct
propositions, each wholly controlled
by a different section OF the same Ar
ticle of the Constitution of the State OF
Nevada. and must be considered ac-
cordingly. Thus divided, the matter
presents, 1st Are the officers and EN-.
ployes of the Legislature OF Nevada,
at its seventeenth session, entitled to
CONDENSATION for their services rem
dered as such after the fiftieth day OF
said session? This necessitates the
construction and Interpretation OF Sec
%. Art. ". of said Constitution in the
light of existing Statutes.
There was. and is no law limiting
their salary or compensation, except
as to the same amount per day. OF
each. and that as fixed by Act OF Jan
81. 1898. stat 1898. p. $50. and In force
at the time of their election or appoint
ment. They were all elected or APP
pointed for the whole of the session,
and an extension by law of the term OF
such session cannot effect them
Therefore, they are entitled to full
paw. and if the Legislative approprla-
ton for said session is sufficient, L
hereby advise the State Controller to
draw his warrant for the payment OF
and the State Treasurer to pay each OF
them the sums to which he or she
NAV be entitled.
opd Are the Senators and members
of the'Assembly entitled to compensa-
ton for services rendered by them as
such. subsequent to the fiftieth day of
said session?
This involves a construction ana IN
terpretation of Sec. 33, Art. " of said
Constitution and the Statute laws re-
lating to the subject. in force at the
time of the election of said Senators
and members of the Assembly, and
those since enacted. BY this section
atbe members of the Legislature shall
receive for their services a compensa-
ton. to be fixed by law, but no increase
of such compensation shall take effect
during the term for which the mem
bers of either house shall have been
elected The said session had been
fixed by law at fifty days duration,
but by repeal, this time was extended
The compensation of members had
been fixed at eight dollars per day.
Stat. New 1898, p. 10, approved March
9. 1898. and was in force at the
time Of the election of the pre-
sent members, except "hold- over Sen
ators. the compensation OF Senators
and members of the Assembly, was
limited 70 a maximum of four hun
dred dollars and mileage for each reg
Mar session. l therefore advise you
that by no possible legal process coulc
the compensation Of members for the
present session be ''incl eased'' to any
sum in excess of 800 for each Sen
ator or member of the Assembly.
The State Controller should there
fore refuse to draw any warrant IN ia
vor of anv Senator or member OF thu
Assembly for any sum or amount II
excess of total Of $4,000 for all O
the services rendered by him as
member of the Legislature during tn
seventeenth regular session OF salt
Legislature. And Unnecessarily follows
that the State Treasurer could not le
gally pay any sum or amount 50 II
excess. If either of said State officer
disregards this advice, he will la,
himself and his official bondsmen lie
pally liable to the State for any sun
or amount paid contrary to such adj
vice.
/ have the honor to be very respect
fully yours,