The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-11-28
ROAD TO BATTLE MOUNTAIN
GOOD EXCEPT FOR DETOUR

basketball fans, were driven to Bat
tie Mounatin for the games last
Saturday night, and at least two OF
them came out second best after
the encounter with the roads. The
worst portions of the road are eight
miles Immediately east of Winnie
mucca and eight miles Immediately
west of Battle Mountain. The Vic
tory highway is complete from Bat
tie Mountain to Valmy, except for
the eight miles mentioned, west OF
Battle Mountain, where the road is
under construction and a detour is
necessary, and if the road contrac-
tors could hear the opinions of au-
toists forced to travel that eight
mile detour they would realize that
their hope for salvation is slim. In
fact they have even cut into the de-
tour road to furnish material with
which to bank up the highway, and
the mess they've left the detour in
is nothing short of criminal. We
know-to the extent of a broken
fender, front bumper and a stripped
ring gear-and railroad fare home.
Emiol Buckingham, Fred Defen-
baugh and Walter Case, who made
the trip in the Buckingham car, ne
gotiated the eight miles mentioned
on the going trip, but returning the
car decided that it had had enough
and quit near Valmy, forcing the
boys to remain out-of-doors over
Sunday night and wait to be towed
to Winnemucca yesterday.
s->>~>~~>~~>~>~>~~~
ment throughout the state. (Single-
ton VS.. Eureka Co., % New. 91.)
The people of Union township are
entitled to the office of constable
as much as are the people of the
other townships Of the state.
"This brings us to a consideration
Of the contention that the act in
question, in effect, abolished the
office of constable of Union town
ship, and hence is void. 1t is said
that while the act purports to be
one to reduce the salary of the con-
stable Of Union township, its pur-
pose and practical effect is to abol-
ish the office; and it is contended
that since the office can not be
abolished by an act the clear i'm
port of which would be to abolish
it, the same end can not be accom-
plished indirectly. This court has
repeatedly held that what can not
be done directly can not be done by
indirection.
LET us see if the situation con-
fronting US brings the case within
that rule. Prior to the enactment
Of the statute in question, the plain
tiff was getting a salary of $3.50
per month, or $500 year. Under
the statute in question it is pro-
,ided that he shall receive salary
Of $500 per year, or 41 8-12 cents
per month. This is a princely sal
iry. 1t is surprising that the legis-
ature did not make plaintiff a
dollar-a-year' man. Whatever may
lave been the reason prompting the
legislative action, can it be doubted
what the purpose was? 1t is evi-
lent that it was an attempt to abol.
sh the office of constable for Union
township.
Counsel for respondent contend
hat the concluding paragraph OF
irticle Nv, section 20, of the con-
'titution, gives the legislature the
xpress authority to reduce the sal.
,ry of township officers, and hence
he act is in harmony with the un.
qualified authorization of the con
titution. The concluding sentence
( the section does reserve to the
legislature the authority to regulate
he compensation of township off
ers; but the trouble with the act ir
question is that it is not regulatory
n character-it operates to abolish
he salary, and, in effect, the Office
Lad the legislature reduced the sal
ry to such an amount as might bs
onsidered regulatory, it would have
zen acting within the scope Of the
authority reserved to that body
which it probably had, Independent
# such reservation"