The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1914-07-11
COMMISSIONER PROCEEDINGS

The regular monthly meeting of the
Board of County Commissioners was
held Monday. July 8. Present Commits.
-ioners Otis Fulton, Alex Fraser and
Edgar Sadler. the Clerk and District
Attorney.
the minutes of the last meeting were
read and approved.
The Board aud the Auditor counted
the money in the Treasury and reported
the same ss correct.
A list Of the bills allowed will be found
Published in another column.
Upon motion Of Commissioner Fulton,
seconded by Commissioner Sadler. aud
also upon the opinion of the District At.
torney, the bill of T. r. Weber az Ga me
Warden Of Eureka County for $i25 was
allowed. Commissioner Fraser voted
no. for the reason that said Game War
den's office expired on April l. 1914,
and that his bond was not approved I'M.
I'll June 10, 1914, and he was only en-
titled to two and . half months salary.
VIZ: For February aud March. and one
half of the month Of June-$62. 80 in
stead Of 1925.
The District Attorney submitted the
following authorities and reasons for his
opinion:
Section ! of an Act approved March
IL, 1901. at page 81. reads:
1t is hereby made the duty Of the sew
eral boards Of County Commissioners in
this State, at their FIRST regular meeting
in April. 1901. and annually thereafter,
Upon the petition of twenty or more tax
payers. to appoint . Fish aud Game
Warden for their respective counties,
who shall reside in the county for which
he is appointed. s&~
No action was taken Or appointment
made by the Board ct their first regular
meeting in April, 1914, but later the for
mer Fish and Game Warden was re-
appointed and qualified. Vas he the
holder OF the office and therefore en-.
ie'ou w CouPcnooeion iot suo VINE uo-
tween the first regular meeting in April
and the time when he qualified?
Section IL. Art. 10 of the Constitution
IT Nevada provides: The tenure of any
Office not herein provided for. MAJ be
declared by law, or when not so de-.
clared. such Office shall be held during
the pleasure Of the authority making
the appointment.
Then the only question is. did the
act OF 1901, above quoted. declare the
tenure of the office Of Fish and Game
Warden by providing for his appoint.
ment at the first regular meeting in
April Of each year?
The following statement would seem
sufficient. in answer. from American
and English Encyclopedias of Law (2nd
Ed } Vol. 23 at page Alb: The author
tiles are almost unanimous in holding
hat il a constitution or statute. without
expressly fixing the term of Office. mere.
ly provides that an election shall be had
or az appointment made annually or at
stated periods. a person so elected or APP
pointed is entitled to hold until his sue
cessor is elected or appointed and quail.
fed . (citing Oordiell vs..
Frizell, l New. 100, aud numerous other
authorities).
And if entitled to hold, he is, of
course. entitled to compensation there
for.
1t was ordered that from the bill of
G. A. Sage of $l15. 70. as Constable and
Jailer at Bnckhorn, the sun of $40 be
deducted as Constable for the month of
May. his bond not having been approved
until June /: also, that the sum of three
dollars for meals at Blackburn and Eu-
reka be deducted, as the said Constable
aud Jailer is only entitled to his actual
fare.
1t was also ordered that the bill Of O.
A. Sage for SIS. so be returned to him
with the request that he send a voucher
for the SIS for mileage. and that he is
not lawfully entitled to %. so charged
in said bill for attending the Justice
Court.
1t was ordered that from the bill Of
@. O. Van Lauiugham. Justice of the
Peace Of Buckhorn Township. the sum
of % 40 be deducted for reporter taking
evidence. as the coroner is only entitled
to pay for IS folios at 30 cents; also the
sum of $l5 for Coroner's jury fees be
laid over until said jurors present their
bills. or until tue said Justice Of the
Peace present vouchers showing that
said jurors we're paid by him.
The hour of 2 O'Clock p. IN. having
arrived. the Board proceeded to the CON
sideration of bids to repair the Jail aud
Court House. There being no bids re-
ceived, no action was taken.
A eomm nnieation WAS reeaiva1 from