The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-07-22
ASSERTS SHEEHAN
HAS 4-YEAR TERM
Attorney Generals Office Contends
That Humboldt County's State
Senator Was Elected for
Usual Four-Year Term

Another phase of Humboldt
county's political situation was
cleared up yesterday when Deputy
Robert Richards gave as the opinion
of the state attorney-general's office
that Senator J. Sheehan, elected two
years ago in this county, had been
elected for a term of four years.
Senator Sheehan was elected follow
ing the division of this county and
in certain quarters it was apparently
desired to construe his election as
being only for an unexpired term.
1t was District Attorney L. G.
Wilson of this county who wrote to
the attorney-generaPs office for an
opinion in the matter, and the reply
received holds that it will not be
necessary for Senator Sheehan to
again come before voters at the
coming election. The action of the
district attorney was apparently
taken voluntarily, as all others con-
cerned in the matter were satisfied
that Senator Sheehan had been
elected for four-year term.
The ruling of the attorney-gen-
erals office is as follows:
July 81, 1922.
Hon. l.. G.. Wilson,
District Attorney,
Winnemucca, Nevada.
Dear Sir: We have your letter
calling for our official opinion as
to whether or not the State Senator
from Humboldt county, at the gen.
eral election held in 1920, was elect
ed for an unexpired term or for the
full term of four years. The facts
sufficiently appear in this opinion.
The constitution, after providing
for the election of members of the
assembly biennially for the term of
two years, in section a of article ~
declares:
Senators shall be chosen at the
same time and places as members OF
the assembly, by the qualified cleo
tors of their respective districts, and
their term of office shall be four
years from the day next after their
election"
Section 10 of the act entitled:
"An act creating and organizing the
county of Pershing out of a portion
of Humboldt county, and providing
for its government and to regulate
the affairs of Humboldt county and
Pershing county," approved March
18, 1919, as amended, approved
March 1S, 1919, provides:
"At the general election to be
held in 1920, Humboldt county shall
elect one state senator and two as
semblymen, and Pershing county
| shall elect one state senator and one
assemblyman, and thereafter said
counties shall, as provided by law
elect such senators and assemblymen
as may by law be to each of them
respectively apportioned.
The constitution has created the
office; the legislature has applied
the organic provision to the office SC
created, not as a vacancy therein
but without limitation, for the full
| term of four years. In passing the
act, entitled and approved as afore-
said, the legislature had all subsist.
ing legislation appertaining to the
premises before it, and section two
| of the act, entitled: "An act re.
apportioning senators. and assembly.
men of the several counties to the
legislature of the state of Nevada >
approved March s, 1915, provides:
Nothing in this act shall be con-
strued as to affect the term of office
of senators and assemblymen now in
office"
This is the last expression of gen.
eral law on the subject and is still
in full force and effect.
1t is apparent, therefore, that the
incumbent senator from Humboldt
county, in the general election helt
in 1920, was chosen for the full
term of four years as by the con,
titution declared.
By order of the attorney general
Respectfully submitted,
| pODEDT DICuADnC