Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-11-06

IL "''' ''iS Sueu on tne nearing DF r"!at-
or's counsel, that neither the Clerk nortle
Recorder received any salary rs aurl. o.
flcers, but salary of $500 each. as ex-of-
flclo Treasurer, and ex-Of}icio Auditor
respectively and that therefore, the Con-
troller must take these sums in cOnnec-
tlon with the ex-officio Assessors salary
OF $500 as a basis for his allowance to
, the rOu1ty
Bat, evidently, the salary of $500 was
intended as the salary of the Clerk. az
Clerk, and as ex-officio Treasurer: for it
is declared to be in full compensation for
his services both as Clerk and ex-officio
Treasurer
The Legislature provided a salary for
these two offices of $500 in soIido Now
II 1t be held that the State must paw the
county on this basis the result will be
that the State will pay not only it's pro-
portion Of the county's expense in collect
ing the State and county revenues, but a
part of the county's expense connected
with the Clerks Office wholly disconnect-
ed from its expense concerning the reve-
nue.. The County Clerk is a county Off
Ger and as Clerk he has duties to perform
not in any manner connected with the
revenue of either the State or cOutny.
These duties are important and his servi-
ceS for performing them are valuable. If
the intent of the Legislature was that the
Controller should base his semi-annusl
allowance to the county on this salary of
the Clerk as Clerk and as eX-OfficiO Treas
Urer, then, it intended that the State
should pay part of the expense of the
comfy government not connected with
the States tax or any business of the
State. To do this would be in contraven-
ton of Section q of Art. XVII of the
Constitution of this State which declares
that each county shall support its own of
ticers. subject to snch regulations as may
he prescribed by law. II is evident that
the expense TO Lyon county for all the
services Of the eX-OtliciO Treasurer j. not
$500 per year, for it only pays that sum
as compensation for all services of both
the Clerk and ex-ot1icio Treasurer and if
receives all the fees collected by the Clerk.
For tn" W '"S performed for which he
collects fee T. pays the same over to
The county. ~ "eceives in part the $500
Clerk and eX-officio Treasurer and the
salary and fees is applicable to the Re
corder, and eN-officio Auditor and cx-of-
ticio superintendent Of Public Schools.
The Legislature having failed to fix
salary for the office of ex-oiii"io Trea.ur-
er, sep ,rat" from the office of County
Clerk, and having failed to fix salary
for the office of ex-officiO Auditor. scpa
rate from the other two offices connected
Herewith, but having combined the sal
AIRY for the two offices in the one case and
for the three offices in the other. the Con-
trolIer made his allowance to Lyon Coun-
tr' 81 a basis that he considered to be fair
-'.I equitable between the State and
county.
This allowance was not agreed to by the
county. and its counsel insisted on the ar
gument of this case that neither the Con-
trolier nor this court has any authority
to Segregate these salaries to determine
what the amount of the allowance should
be. Conceding this contention. it does
not i1.l5-. -.,.. 20 allowance shall he
m g :. ,"" basis claimed by counsel:
but rather that no allowance at all can he
made. These salaries being in x0ljd1, as
above shown. there is no basis on which
an allowance can he made under the said
statute of 1885. We learn from the Con
trollers office and the records thnre;r,
that some other counties were i'm 4 Dosi-
ton similar to that Of Lyon County in
respect to the salaries: Of their Officers. and
similar contention arose between them
and the Controller, on the Spmi-anuual
settlements. but he and the nropcr countv
authorities IN these instances settled the
matter on what they deemed to be A inst
and equitable basis between tho Stata and
these counties. When such settlement ix
made satisfactory to all parties concerned
no one need complain. If the Controller
and the proper officials of Lyon County
cannot agree upon fair basis on which
the allowance shall be made. we are of
opinion no allowance can be had further
than what has already been made.
1t follows from the foregoing that the
writ prayed for must be denied
1t is so ordered.
concur: MASSEY. J.
Filed Novemb ber, l. 1897.
EUGENE HOWELL.
Secretary Of State and ex-otficio Clerk of
the Supreme Court
Filed with printer for publication No
Vember 3, 1897. Eugene Howell.