The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-03-22
What HAPPENED
TO THE SEWER? +?

The legislature of the state of Neva-
da, in 1909, passed general law auth
orizing unincorporated towns, that is
towns such as Winnemucca, to issue
bonds for the construction of sewer
age systems. The act was approved
by the governor on the 22d day Of
March, 1909, and ever since has been
and now is the law of the state of Ne.
vada with reference to the matters en-
braced therein. Among other things
the act provided for the holding Of
special elections at which the question
whether or not bonds should be issued
might be submitted, and further pro.
vided that it the election resulted in
favor of the bonds being issued, that
the county commissioners USHALL AT
ONCE PROCEED TO ISSUE THEM
AS RAPIDLY AS NEEDED The peo-
pie of the town of Winnemucca, as well
as of other town in a similar condition
with respect to sewage, were quick to
respond to the enabling act and de-
manded the call for special election
to determine the matter without loss of
time. The election was duly held on
the 5th of June last and resulted in
majority vote for the issue of the
bonds. This result and the law under
which it was given is as binding upon
the commissioners as the law providing
for their own election, as binding upon
them as their official oaths or law un.
der which they draw their salaries.
Yet, strange to say, instead of proceed
ing as required by the law and carry
ing into effect the sovereign will of
the people the commissioners have so
far neglected, failed and refused to
N 10 In 1n,a +bax
have been guilty of a violation Of
their oaths of office and by law are
subject to impeachment and removal
A more serious matter, however, is
that the filthy and dangerous condi-
tions which would be obviated by fol-
lowing the law have been continued
and increased, progress and civiliza-
tion have been kept back, and human
life, especially the lives of defense
less children, has been and continues
to be threatened and unsafe. The ac-
tIon OF the commissioners, or rather
their failure to act, is supported by
few OF those who voted against the
proposition at the special election, but
this is no excuse either in the law
nor upon any other ground. The law is
the supreme command and the com
missioners are bound by the law in this
matter as fully as upon any other mat
ter affecting their duties. They are
elected for the express purpose of
carrying into effect the objects and
intendments of the law and are as
much liable for its breach as any other
offender. And as far as those are con
cerned who opposed the issue of the
bonds, their objections were settled by
the election, since which there has re.
manned nothins to do except to carry
into immediate effect the plain simple
and adequate provisions of the act
first mentioned That they have no in
tention of so doing cannot longer be
doubted; it is equally clear that in ease
the people expect relief they must
look in another direction from the
board, and no time should be wasted in
taking action to enforce the provisions
of the act in the courts.
1t is rather hard situation when
sworn officers of the law fail refuse OF
neglect to perform their plain and
simple duty, but it is not without
remedy and writ of mandate should
be applied for requiring the eommIs.
sioners TO observe the will of the peo-
pie and to establish the fact. as it ear
be established that the law of the
state is above the will of the commits
s'oners or any other private WILL The
writer is not seeking employment; on
the contrary be will be glad to act or
assist in obtaining relief without com
pensation, or viii be glad to leave this
to be done by others and to cheerfully
pay his prorata of the expenses of any
proceeding in the courts in this be.
half. III. WARREN.
March 81. 1910.