Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1896-05-07

" Of our Constitution a vacancy"
in the Office OF Governor is. com'em-
plated and. in fact, a provision j.
made for such a contingency, ami if
in case Of and during such "va anew
the Lieutenant Governor shall -
~''impearhed, displaced |, RESIN, die
or become incapable Of performing
the duties Of the office, or be absent
from the State, the President pro tenn
Of the Senate shall act a." not become
''GOveruor until the vacancy be filled
or the disability ease" It is farther
a fact that by no provision Of our
Constitution can there be a ~''varaucy''
in the Office Of Lieutenant Governor
by reason of any succession hv the
incumbent Of that Office to the office of
Governor.
From all of the foregoing it would
seen to be conclusive hat the Ii-u-
tenant Governor remains Lieutenant
Governor though exercising the pow
ers and duties OF Governor whi.n
''devolve' upon him, in case Of the
death or the disability Of tn" elected
and qualified Governor aud in no
event succeeds to the Office OF Cover
nor.
If [ did not arrive at these c0nclu-
sion from careful examination of the
State and Federal Constitutions them
selves, [ would a. a LAWYER he con
~ ! or r = oNin.fl,, u;+b ~ ~, -. 1>,,+
until there is a cOntrary judicial de
termination Of the question. because
Of the precedent for us of Nevada IS
tahlishe3 by acQuiescen"r. il nothing
more, in the official conduct and ex-
else Of g~UhernatOrial powers Ivy the
Hon, Frank Bell, Lieutenant Gov
ernor Of Nevada when arting as Gov
ernor If tie State for tile residue O.
the term upOn the death Of his En-
cel'ency, Governor &. Stevenson.
Lieutenant Governor Bell during thai
time exercit ed the powers and yer
formed the duties Of Governor as
acting Governor and ,ireV the salary
of Lieutenant Governor.
The Legislature. however,, after
wards ena ted a rel;rl ill whioF
became a law by the app2 al Of hi~
ExceIlency Governor e. ord. Gnlel
which Lieuten4n; Gar-ynor Bel r..
ceived the Inference = t zen the sal
AIRY Of Lieutenant Governor 900
Governor for tte TIM duri1g which
he had been acting as Governor.
And here by authority through Gus
tom for the correctness Of my u sition
[ VIII cite that under The Constitution
OF Penn. art, 5, Se'. 13( and Mass
Chap. IL Sec ?. Art. III both some
what similar in this REGARD to ours
no sue ession" icing provided for il
a like Instance. i ea-h of those STATE
the Lieutenant Governor under lik
| conditions to ours 1T present has be
, come the "hcting' o. the actual Gov
ernor This situation exists even no,
I in the Office in the latter name
t State.
Prom all the orrgoing, and not
l w~ithstanding the action of Californi
" under similar circumstances, an,
| Constitutional provision, and espec
II tally in view OF the precedent men
/ toned in the case Of Lieutenant Gov
. rho Bell. I am compelled to and q
&c advise you that the Hon. Lietenan
u Governor ReinhoId Sadler. is now an,
II ever since the death of his Excellency
&c Governor Jones, has been, simply an,
e only what he was previous to sucl
/ death and and during the absence Q
IS Governor Jones from the STATE. tn
Ii Lieutenant Governor with the powe
and duti s of Governor devolvin!
II upon him and is therefore entitled t
IL the ner diem allowed by Statute 1891
g .. 1O4, viz. Eight Dollars per da
l. when acting as Governor and moth
ing else.
In pursuance Of the above,
naturally follows that YOU are DC
u authorized to draw upon the appro
+ priation made for the payment OF tn
Governors salary to ray the Lieuten
: ant Governor, even though he be &C,
ing Governor.
With respect, I am
:. Yours to command,
g ROBERT NJ. BEATTY,
y Attorney General Of Nevada
J. Governor Sadler will at once brin
Ii a mandamus suit and take the maj
le ter to the Supreme Court. The differ
'e ence per diem between his preser
a. s,lo,y o,d ~, ro o,1r MI,