Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-04-02

The relator petitions this Court for
a prenptorv writ of mandamus to
compel the respondent as State Con-
troller to draw his warrant on the
State Treasurer, in favor of %relator,
for the sum of Twelve Hundred Dol
lars, the sum appropriated for him
by all act of the Legislature entitled
IAN Act to pay tie def ciencies in
the appropriations for the years 1895
and 1885, Approved February 1e,
1897. The reiator is Secretary of
State and his term of office commenced
OIL the Sth day Of January, 1895. His
salary was fixed at $4,000 per annum
by an act entitled An Act reducing
and regulating the salaries of certain
State officers of the State of Nevada"
Statutes 1891, lo4. BY an act entitled,
IAN Act to consolidate certain State
offices in the State of Nevada" Stat
utes 1898, 81, it is provided: The
Secretary OF State shall be ex-Off1cio
Clerk of the Supreme Court and ex-
ofiCio State Librarian'****
By its terms this act took effect on
the Sth day Of January, 1895, and by
virtue Of said act the relator has been
ex-oficio Clerk of the Supreme Court
from said date and has been perform
ing the duties of that Office.
An Act to provide for the publica-
ton and distribution of the Nevada
Reports, Statutes 1883. 70 ~provides:**
Sec. 2. The Clerk Of the Supreme
Court shall prepare such decisions for
publication, by giving the title of
each case, a syllabus of the points
decided, a brief statement of the facts
bearing on the points decided, (when
the same are not sufficiently stated in
the opinion) the a1nes of counsel
and a reference to such authorities as
are cited and have a special bearing
on the case, and it shall be the further
duty of said Clerk to prepare a full
and comprehensive index to each
volume of said decisions.**
Sec. S. Said Clerk of the Supreme
Court shall receive for his conpensa-
ton as reporter Of said decisions the
sum of Six Hundred Dollars per year,
PAYABLE out of the same fund anI in
the same manner that the salaries Of
other State officers are paid; and he
may, in his discretion, employ a com
petent attorney to assist him in the
preparation of said decisions, who
shall be allowed a reasonable com
pensation for his services not to eX
coed Seven Hundred Dollars for eacl
volume"
The relator during each of the year
1906 and 1896 prepared for publica
ton in accordance with the require
ments of said Act Of 1883, all tn
decisions of the Supreme Court rem
dered during said two years and t
pay for said services said approprla
ton of twelve hundred dollars wa
made by said Act of 1897.
Counsel for relator contends tia
said Act Of 1883 and every part there
of remains in force. II this confer
ton be correct the writ prayed Il
must be granted.
The Attorney General contends. ft
respondent, that the above nam
Acts of 1891 and 1898 i'll effect II
pealed the said Act of 1883 in SO L
as it provides compensation for tt
Clerks services as Reporter of tt
decisions OF the Supreme Court.
The rule that Courts are bound
uphold the prior law if it anda subs
quent one may subsist together, or
it be possible to reconcile the tv
together is we'll settled.
(hcCool VS.. Smith, I Black. U.
Supreme Court, 47o; Fndlich on tt
Interpretation of Statutes, Sec. FL
See the numerous authorities cited
Note ~
Unless the latter statute is man