Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-05-07
ON PETITION FOR REHEARING,

ON PETITION FOR
BY BONNIFIELD J.
The decision and opinion Of the Court
will be found in As Pac. Rep. -, % New.
The respondent by the Attorney Cen
eral has filed a petition for rehearing upon
the grounds, stated in brief and in sub
stance, that at the time of the passage of
the legislative act of 1888 under which the
relatOr claims his compensation as Re
porter OF the decisions OF the Supreme
Court as Ox-OfficiO Clerk of said Court.
1t was provided by Sec. 81 Art. " of the
Constitution hat The Legislature shall
provide for the election by the people of a
Clerk of the Supreme Court and the sew
eral county officers named in said sec
ton; that on the 1lth day of February,
1887 said section was amended and as
amended provides: THE Legislature
shall have pOwer to increase, diminish.
consolidate or abolish the following
county officers naming them, land the
Legislature shall provide for their cleo
ton by the people" = + = x that at the
time this amendment was adopted. the
office of Clerk of the Supreme Court with
all its attendant duties ceased to be a CON
stltutlOnal office and without legislative
creation then or thereafter, ceased to exist
attempted to create the office of Clerk of
the Supreme Court or eX-OfficiO Clerk of
the Supreme Court since said amendment
of the Constitution in 1887: that there is
not now any warrant or authority of law
for the existence of any such office or of
hcer under the constitution or laws of
this State. And he adds: "Without an
Office there can be no officer to fill Il. and
1t will not be seriously cOntended that
there is any such office in this State to-
day existing under the constitution. or
created by Legislative enactment, as the
one which the relator claims to perform
the duties of in his capacity of Secretary
OF State and ex-officio Clerk of the Su-
preme Court, under which latter office he
claims to be entitled to the compensation
prayed for in his petition and if there h
no such office there certainly cannot he
any authority for payment to him of COM
pensatlon for services in performance of
thed duties of an office which does not ev-
list"
Ii the contention of the Attorney Gen.
eral be true that since the adoption of tho
amendment of the 18th of February 1897
we nave had no constitutional office of
clerk OF the Supreme Court INC that since
that time the Legislature has failed to cre-
ate a Legislative office of Clerk of the Su-
preme Court or al office of ex-oficio
Clerk of tho SnnrCnoo
SUCH once or offlcer has existed under
the constitution or the laws since that
date, then the people by the adoptiOn Of
said amendment and the Legislature NV
non-actlon have practically abolished the
supreme Court for the last ten wears For
1t Is provided, in See. s, Art. XIV. that no
judgment of the Supreme Court shall
take effect and be operative until tho
opinion OF the Court in such case shall ho |
Med with the Clerk of said C0urt
II Will be observed that said ORIGINAL
section 81 required the legislature to mo-
woe tor the election Of the Clerk of tbo
supreme Cou by the people. and that
section ~ as amended in 1887 omits mon
tloh OF SAID clerk, and it seems To no tho
'heory OF counsel for respondent hatthis
omission had the effect of CAUSING the Of
nee OF Clerk of the Supreme Cont to
eease 10 exist as a constitutional office
Inc Clerk of the Supreme Court was |
elected at the general election in 1854 With
other State officers under the pro,i.oaa
OF Sec, Is, Art. XVII of the Constitr,, -,
TO hold his office till the first Tnes1.~.L |
ter the first Monday of January. 1884, and
unIl MS successor was qualifie1 On
Nl"rch y lo66, General Statutes, 45q. the
Legislature provided for the elaction 90
all State and county officers at tb. noa !
erai election thereafter to be held in NJ
Vember of that year and at subsaoron+
general elections. In obedience To tho 70
qulrements of said original soctio, %
Art. ~ Of the Constitution, the said Aot
OF 1866 provided: Sec. II. At tho Cav
era election in the year eighteen HIM
dred and ~sixty-six, and at the ge,ar,,
election every four years thereafter tho
Clerk of the Supreme Court shall he
chosen by the quail fed electors of tba
state, and shall hold his office for the !
Term or four years from the first Monday
OF January next after the election. and