The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1919-06-17
DIVISION Of COUNTY
APPEARS COMPLETE

The act creating Pershing county
passed at the last session of the legis-
lature. was declared constitutional in
a decision handed down by the su-
preme court yesterday afternoon.
AT the same time the supreme court
ordered the temporary writ of prohi-
bition prohibiting the Humboldt coun-
ty commissioners from holding an
election, made permanent, and a per-
emptory writ of mandate compelling
the Humboldt commissioners to de-
liver certain moneys and other things
as set forth in the act, to the PERISH
ing county commissioners, was issued
The opinion is by Justice Saunders.
concurred in by Chief Justice Coleman
and Justice Ducker. Concerning the
points covered in the opinion the Ne
vada State Journal says:
After reciting the cause and title
the court states:
This case was argued as a single
case wherein it appears that Hum
boldt county declines to recognize
Pershing county as legally created and
established as county of the state
March 10, 1919. the act creating
the county of Pershing was approved
by the governor and provided for loca
government. A county is the
mere creation of the legislature and il
SO recognized by fundamental law as
body corporate. (Sec. / of Art. Z
of the constitution of Nevada.)
From the legislature a county de-
riyes 1t name. -. it is the creature
of the legislature, called into existence
by ii and subject TO its restrictions: its
whole power may be changed by the
same power that created it. Its ter
ritory may be cut up and parceled out
of the other counties, its property and
common burdens apportioned in such
manner as the legislature may deem
ItdbOudDlt anu tQ uildUle.
In relation TO the initiative and ref
erendum feature and the ratification
of the act creating Pershing county,
which was urged by the attorneys for
Humboldt county, the court says:
1T is manifest from section 20 of
the act that it was the intention of
the legislature that the act creating
Pershing county out of portion of
Humboldt county should become eff
fective Immediately. without regard to
the will of the inhabitants of Hum
boldt county. This is a matter for
the legislature, and it is not for this
court to oppose its judgement to that
of the legislature in this important
particular Unless the law be clear.
palpable and in direct conflict with
the written constitution it must be
ion that the power which the legis-
lature possesses to divide counties and
apportion their common burden is not
abridged. limited, restricted or affect
ed by the initiative and referendum,
and the law in question is not thereby
suspended"
OF the contention of the defect in
the title of the act and the attempt
to amend specific statutes not referred
to in the title the court says:
ITO discuss these disputed provi-
sions separately would extend this
opinion to unreasonable length. The
law concerning them is well settled.
The disputed provisions are germane
to the main issue of the act. -.
without regard to the constitu-
tionality of the separate and distinct
provisions of the act, we are clearly
of the opinion that the act as whole
is constitutional.
"It is therefore ordered that the al
Tentative writ of prohibition hereto
fore issued be, and the same is here
by. made permanent and premptory
it is further ordered that the writ of
mandate, as demanded. issue and the
injunction order appealed from is
affirmed"