Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1897-03-06
COUNTY COMMIssIONERs,

adjournment.
Observation-Disclosures Fraser, Broy
and Benson, tho CLERK. District Attorney
and Sheriff.
Minutes Of the previous meeting read
and approved.
The Board and Auditor counted the
money in the County Treasury and found
the same 10 agree with the Auditors
books, s26.470 81.
II was ordered that the sum Of 5000 be
transferred from The Salary to the General
Fund.
The petition OF H. A. Fisher asking for
aid from the county was fsvorably acted
upon.
The bond OF A. Dunstan, Justice Of the
Peace Of Ruby Hill Township. In the sum
Of $500. was approved, also the bond Of J.
II. Williams, Constable Of same place. in
like amount.
A communication from Herring, Hall.
Marvin & Company acknowledging the re-
ceipt OF $3.50 for safe received. was ordered
placed on fle.
The report OF the Sheriff In regard TO
Remington. Johnson 4 Co. refusing to
pay q license received. The Sheriff was
requested TO call Mr.. /. O. O. wbitmore,
their agent. 70 explain matters. Mr.. Whit
more stated that the firm Of j. W. Lam
bert q Co. were selling the goods under
their license on commission.
The Sheriffs license report was received
and ordered placed On file.
The following communication from the
Attorney General OF this State TO our Dis
trict Attorney in regard to the salary Of
the County Auditor was received and read
TO the Board
CARSON CRY. New. February rs, 1897.
Peter Breen, Esq, District Attorney,
Eureka. Nevada: Dear Sir-Your favor
Of 9th inst. received. Matters requiring
immediate attention have delayed me 10 ex-
aiming into the question submitted for
consideration.
The Act OF the Legislature approved
March IS. 1895. Statutes 1885. p. 81. pro-
vides (Seo. q that from and after the
first Monday in January. A. d. 1897. "the
County Recorder OF Eureka county. Ne
vads. shall be ex-oficio Auditor In and for
said county, and shall receive for all such
services q salary Of ten hundred dollars
per annum. and In addition thereto such
fees. in all cases wherein either the State
Of Nevada or the county Of Eureka 10 not
q party. as are now allowed by law to the
County Recorder"
The language fixing his salary at ten
hundred dollars per annum ''for all such
services" which he may perform as Be
corder and ex-oacio Auditor, except in
cases where the State or county is not g
party thereto. and in my opinion he ia
not entitled TO any other or greater COM
pensation from either Eureka county or
the State than the sum OF ten hundred
dollars per mum.
The case You mention and upon which
your Auditor relies Is that OF State Ex Rel
westerieid, State Treasurer, vs.. Tyrrell,
County Treasurer Of Ormsby county. In
that case Westerield, State Treasurer.
commended that the county detained GER
tain moneys belonging to the State out Of
taxes collected in Ormsby county. The
Court held that under Section 81, Act
Legislature 1885, p. IS. the county was
entitled TO retain Q certain proportion Of
the taxes collected for s~ervices Of the
Auditor, Assessor and Treasurer, and that
the money so retained rightfully belonged
to the county. This perhaps 10 the reason
your Auditor claims the additional COM
pensstion, although / cannot see wherein
the construction placed upon the Section
Of the law Of 1885 gives him any right to
the money allowed the county for ''ser-
vices Of the Auditor" IS the county. not
the Auditor, 10 the beneficiary under that
Section which was considered BY the
Court. Very respectfully,
JAMES r. JUDGE,
Attorney General.
II Was ordered that the District Attor-
nsy take the necessary steps 10 recover by
law all moneys overdrawn from the county
Of Eureka by William Spinner within the
last four years. provided that should said
William Spinner pay back into the Treas
ury Of Eureka county within the next en-
suing two weeks the sum OF $685. rs no
further steps shall be taken in the prem.
ises without the further order Of the
Board.
II was ordered that the CLERK Of the
Board notify Mr.. Cotton that i. was the
opinion OF the Board that the E. & P. R.
r. Co. should have paid. and Is indebted,
10 Eureka county in the sun Of 500. back
license. for having done . merchandise
business In the town OF Palisads during
the last three years.
(Mr. Cotton met the Commissioners be-
fore the meeting Of the Board and made 3
statement to them concerning the manner
In which the above business WAS con.
Quoted A Palisade. and said he would
LII L. ~ a. A. A.LA 4&