Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1918-11-09
fHBTCHER'S OPINION IS
ATTORNEYS RECOVER

Railroad Company.
"1he complaint in this action was
for delinquent taxes, and was hled.
and summons issued during the en-
cumbency of n. W. Willis in the dis
trict attorneys Office in the latter
part Of the year 1914 During the
years 1915 and 1916, the matter was
brought to judgment in the District
Court, while Mr.. ]. f. Campbell was
district attorney, and under the de-
cision Of the District Court the
plaintiff secured judgment for the
amount of nine thousand three hun
dred twenty-one dollars-S9, 32l 20
| twenty-six cents, the tax sued for, ten
per cent and twenty-five per cent
| thereon for costs, and an attorneys
! fee of FIVE dollars and FIVE per cent
upon the amount of the said tax and
penalty.
thereafter, the matter was APP
pealed to the Supreme Court of Ne
vada and upon stipulation by the dis
trict attorney and the Attorney Gen
eral with defendants attorney, Henry
/. Moore, u modification OF judgment
ment was entered for the amounts as
above, exclusive OF the twenty-five
per cent penalty. and in addition
seven per cent interest on the tax, de-
lisquency costs and attorneys fee.
The attorneys fee in the matter
amounted to six hundred thirty-four
dollars-$634 lS. eighteen cents This
latter modification OF judgment was
entered during the incumbency of
Mr.. Clark ]. Guild in the district at
torney's Office, during the year 1917.
1T will be seen that each of the
district attorneys rendered some SER
vice in the matter.
after the case was settled, and the
amount of judgment paid, in Febru
airy, 1918, the METRE amount, sonsist-
ing OF twelve thousand six hundred
seventy-two dollars-S12,o72 36-thir-
ty-six cents, vas paid to the district
attorneys Office OF Lyon county. Said
amount included the six hundred thir
ty-four dollars-$634 lS-e G h c n
cents. attorneys fee, as above out
lined, and the total OF the same was
turned over to the treasurer OF Lyon
county and by him apportioned to the
various funds entitled to receive the
same The attorneys fee above men
toned was apportioned as costs To
the general fund"
The determination OF the question
presented depends upon the eonstrue-
ton, in my opinion OF first, Section
s OF Chapter XCIX, Statutes OF Ne
vada, 1907, which provides;
"On and after the first day Of
March, nineteen hundred and seven
teen, the following county Offices in
Lyon county shall be and are hereby
consolidated. The district attorney
shall be ex oficio county superin-
tendent OF public schools, and shall
/ from said first day OF March. nineteen
hundred and seven. receive an annual
salary of fifteen hundred dollars,
which shall be in full compensation
for all services performed by him as
| district attorney and ex officio super
intendent OF public schools OF Lyon
county"
Also upon the construction Of Sec
tion 1902 Revised Statutes OF Nevada,
1912, and Section 3677, Revised Stat
utes, 1912,
You will observe that Section, g OF
of Chapter KICK, Statutes OF Nevada.
/ 1907, provides that the salary Of nj
teen hundred dollars to the district
attorney shall be in full compensation
| for all services performed by him as
district attorney and ex officio super
intendent OF public schools OF Lyon
county. The provisions of this. sec
ton, and especially the words Gin full
compensation for all services, etc, y
acts as a suspension Of the provision
OF Section 1908 OF the Revised Laws.
TIE general laws governing fees OF dis
trict attorneys and were there no
fother statute in-existenee, the district
attorney could not recover anything
the legislature, by the terms OF Sec
ton 3677. Revised Statutes of Nevada,
specifically provides that the district
attorney shall be entitled to a fee OF
five dollars and the percentage Of five
per cent OF the amount delinquent on
each suit for the collection of delin-
quent taxes. i am of the opinion
that this section has not been sus-
pended or repealed by the provisions
OF Section 8 Of the Statutes OF 1907
| Chapter XCIX, to which have re-
ferred, and that the district attorney
is entitled TO the fee and percentage
allowed by said Section 3677 in the
case of the State OF Nevada vs.. Ne
vada Copper Belt Railroad Company:
1t appears, also, from the statement
OF facts. that the work was performed
I bv Mr. Willis i'm the commencement