The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-11-28
QUICKER D|ssENTs
IN MOORE s CASE
Winnemucca Member of Supreme
Court Holds Act of Cutting
Constable's Salary Was All
Right for Legislature

Further information on the re-
cent decision of the Nevada supreme
court, in the matter of the suit of
N. P. Moore, constable, against the
Humboldt county commissioners, for
payment of wages alleged due, is
contained in a recent issue of the
Carson City Appeal, which will be
of interest here.
The history of the case started
when Constable Jack Nelson was
murdered, Nelson acting at that
time not only as constable of Union
township but as chief of police of
the city of Winnemucca. Following
Nelson's death, the county commits
sioners appointed N. P. Moore as
constable, Moore having been de-
feated few months before that
time when candidate for sheriff of
this county. Nelson had been draw
ing pay from both the city and
county as compensation for his joint
duties. Following Moore's appoint
ment to the place the city council
men decided to employ X. G. Lamb
as chief of police. 1t was then that
the legislature was importuned to
reduce the constable's salary on the
proposition that his duties were
slight and of little value. The
legislature passed law setting the
salary Of the constable Of Union
township at $500 per year. Later
Moore brought suit against the COM
missioners for salary alleged due to
the full amount Of $3.50 per month,
which the office had paid prior to
the act Of the legislature. Moore
was ruled against adversely in the
district court, appealed to the su-
preme court and was again ruled
against, the supreme court holding
that the legislature was within its
rights in reducing the salary. After
this decision Moore again appealed
to the supreme court for a rehear-
ing Of the case, with the result that
the court reversed its decision and
declared that the act of the legisla-
ture was unconstitutional and that
Moore was entitled to pay at the
rate of $3.50 per month.
The latest news report of the
case, taken from the Carson City
Appeal, says:
That the legislature cannot law
fully abolish county or township
office by indirect method and that
an Office cannot be abolished in one
county by the legislature unless the
same office is abolished in all coun-
ties, were the findings Of the state
supreme court in an opinion handed
down in the case Of N. P. Moore
against Humboldt county.
Judge Ducker dissented from the
opinion, which held that Moore is
entitled to a salary Of $3.50 a month
instead of $5 year as fixed by the
legislature. The opinion virtually
reverses a former opinion that
Moore's salary could be cut under
the legislative act.
On the subject of abolishing the
office the court has the following to
say:
"In our former opinion we helc
that the office Of constable is not a
constitutional office and that it can
be abolished In this case we were
correct, but we were not correct in
holding that the legislature coule
abolish the office for Union town.
ship alone. The office can be abol
ished, but it must be abolished as az
office in our entire system of town
ship government. Any statute which
singles out the Office of constabl,
for a particular township and at,
tempts to abolish it would be void
because such an act would violate
the terms of article w, section 25
of the constitution, which guaran
tees to the people of the state ar
uniform system of township govern