«OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1918 138. State Assayer and InspectorFees. The State Assayer and Inspector cannot charge less than 25 ...»
A legally impaneled grand juror is entitled to act during the entire year in which he is appointed and all of the succeeding year, except so much thereof as may be necessarily used in the summoning of another grand jury.
MR. JOHN H. CAZIER, Wells, Nevada.
Dear Mr. Cazier: I am in receipt of your favor of the 17th instant, wherein it is stated that the grand jury of Elko County, of which you are foreman, was called for July 9 of last year but did not convene until the early part of September.
You wish advice as to whether or not any action taken by such grand jury after July 9 would be legal. The provisions of the statute in regard to the summoning of a grand jury are
contained in Rev. Laws, 4931, which provides:
It shall be the duty of the District Judge and any one of the County Commissioners of a county at least once in each year, and as much oftener as the public interest may require, to select from the jury list, twenty-four persons who shall be summoned to appear as grand jurors at such time as the judge may order.
This section was amended by Stats. 1915, p. 168, but such amendment in no way effects the above-quoted portion of this section. It has been frequently decided that when the word “year” is used in a statute, it is to be construed to mean a calendar year unless a different intent may be gathered from the context or otherwise. Nothing in the context indicating other than the calendar year, we must presume that the Legislature in the enactment of this section means that a grand jury must be summoned at least once in each calendar year. The statute does not designate in what part of the year such grant jury must be summoned, therefore a grant jury summoned in January of 1917 and another grand jury summoned in December, 1918, would be a compliance with the statute.
For this reason, I am of opinion that the grand jury of which you are foreman is a legal body and will be such as to any acts performed by them after July 9 of this year, and it is entitled to act as a grand jury of Elko County the balance of this year, except so much thereof as may be necessarily used in the summoning of another grand jury for the year 1918.
There is no provisions in the registration law allowing a transfer from one county to another other than the transfer given to transportation employees.
A person cannot vote at the primary election who will not have been in the State six months at the time of such election, but who will have been in the State six months prior to the general election.
MR. AUSTIN JACKSON, Reno, Nevada.
Dear Sir: I am in receipt of your favor of the 18th instant, asking advice on the following
questions concerning the registration law (Stats. 1917, p. 425):
1. Will you kindly advise if there is any provision in the new registration law allowing a voter to get a transfer from one county to another, other than the transfer given to transportation employees?
There is no provision in the registration law allowing a voter to transfer from one county to another other than the transfer given to transportation employees, and your question must be answered in the negative.
2. Can a person vote at the primary election who will not have been in the State six months at the time of the primary election, but who will have been in the State six months prior to the general election?
This section is answered by the provisions of section 15 of the primary election law (Stats. 1917, p.
3. The qualifications and regulations of voters at primary elections shall be subject to the same tests and governed by the same provisions of law and rules and regulations as are now prescribed by law for other elections.
And by section 1 of the registration law (Stats. 1917, p. 425):
Every citizen of the United States, twenty-one years of age or over, who will have continuously resided in this State six months and in the county thirty days and in the precinct ten days next preceding the day of the next ensuing election, shall be entitled to vote at such election.
And by section 30 of the same Act (Stats. 1917, p. 434):
The word “election,” as used in this Act, where not otherwise qualified, shall be taken to apply to general, special, primary nomination and municipal elections, and to elections in school district of the first class.
In consideration of the foregoing provisions of our statutes, it is the opinion of this office that a person cannot vote at a primary election who will not have been in the State six months at the time of the primary election, but who will have been in the State six months prior to the general election.
As a form for nonpartisan declaration of candidacy, I would recommend the following
modification of the form set forth in Stats. 1917, p. 278:
For the purpose of having my name placed on the official primary ballot as a candidate for nomination for the office of.............., I, the undersigned,.........., do solemnly swear (or affirm) that I reside at No......,............... street, in the city (or town) of
qualified elector of the election precinct in which I reside; that if nominated as a candidate for said office at said ensuing election, I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this State; and that I will qualify for said office if elected thereto.
200. Elections--Primary Election--Election Board, Appointment Of.
The County Commissioners at their first regular meeting in August should appoint inspectors and clerks for the various election precincts within their county for the primary election to be held in September.
HON. THOMAS E. POWELL, District Attorney, Winnemucca, Nevada.
Dear Mr. Powell: We are in receipt of your letter of the 18th instant, in which you request
an opinion upon the following question:
When should the election officers for the coming primary election be appointed?
The primary election law is silent with reference to the appointment of inspectors and clerks for the primary election, but in section 14 of that Act (Stats. 1917, p. 283) it is provided that: “The officers of primary elections shall be the same as provided by law for general elections.” By referring to the general election law (Stats. 1917, p. 359) it is seen that section 1 reads
in part as follows:
It shall be the duty of said Boards of County Commissioners, at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for, and the Clerk of said board shall forthwith make and deliver to said inspectors personally notice thereof in writing, or deposit the same in the postoffice registered, and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election.
The primary election for the present year will be held September 3 (Stats. 1917, p. 277, sec. 3), but it is not a special election (Stats. 1917, p. 277, sec. 2). The first regular meeting of the County Commissioners for that months will not be held until two days later, or September 5 (Rev. Laws, 1503, as amended Stats. 1917, p. 1). Therefore, an exact compliance with the quoted section, so far as concerns the appointment of election officers for the primary, is impossible. But, as a primary election must be held and as none can be held without inspectors and clerks, previously duly appointed and qualified, such construction must be placed upon the
section as will provide for such election officers. Besides, it is elementary that:
When a statute specifies the time at or within which an act is to be done, it is usually held to be directory, unless time is of the essence of the thing to be done, or the language of the Act contains negative words or shows that the designation of the time was intended as a limitation of power, authority or right. (People v. Lake County, 33 Cal. 287; 36 Cyc. 1160.) We are, therefore, clearly of the opinion that the County Commissioners, at their first regular meeting in August, should appoint inspectors and clerks for the various election precincts within their county for the primary election to be held in September.
By WM. McKNIGHT, Deputy.
201. Employers--Employees--Eight-Hour Law--Open-Cut Mines.
Section 6557, Rev. Laws, regulating the employment of workmen in open-cut or open-pit mines is constitutional.
HON. ROBERT F. COLE, Labor Commissioner, Carson City, Nevada.
Dear Sir: I am in receipt of your favor of the 15th instant, requesting my opinion relative to the constitutionality of the eight-hour law applying to workers employed in open-cut mines, being section 6557,
Revised Laws of Nevada, 1912. Said section is as follows:
The period of employment of workingmen in open-pit and open-cut mines shall not exceed eight hours in any twenty-four hours, except in cases of emergency where life or property is in imminent danger.
This section has had several interpretations by this office, and I am entirely satisfied of the constitutionality of this Act. You are hereby referred to interpretations of the same section appearing in the report of the Attorney-General for 1915 and 1916, Opinion No. 26 ½ on page 25 of said report, and Opinion No. 67 on page 57 of said report, wherein the same section was under consideration and its constitutionality upheld as to workers in open-pit or open-cut mines.
All that the registrar can require of any person applying for registration is satisfactory answers to such questions as will satisfy him that the applicant is 21 years of age and upwards, and has actually resided in the State six months and in the district or county thirty days next preceding the election. A woman is not required to give her exact age.
CARSON CITY, July 2, 1918.
MR. AUSTIN JACKSON, Reno, Nevada.
DEAR MR. JACKSON: I am in receipt of your favor of the 24th ult., asking information concerning the registration law of this State.
You inquire whether or not a woman, upon application for registration, will have to give her exact age, or whether a mere stating of the fact that she is over 21 years of age will comply with the registration law.
Section 12, Stats. 1917, p. 428, of the registration Act provides as follows:
Any elector residing within the county may register by appearing before the County Clerk or deputy registrar and making satisfactory answers to all questions propounded by the County Clerk touching the items of information called for by such registry card and by signing and verifying the affidavit or affidavits on such card.
The qualification of electors prescribed by the Constitution of this State is found in article 2, section 1, of the Constitution, as amended, approved and ratified by the people at the general election in 1914. Such amendment appears in the Statutes of 1913, at page 581 and such section
as so amended reads as follows:
All citizens of the United States (not laboring under the disabilities named in the Constitution) of the age of twenty-one years and upwards who shall have actually and not constructively resided in the State six months, and in the district or county thirty days next preceding any election, are entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the electors at such election.
Therefore, all that the registrar can inquire of any person applying for registration is satisfactory answers to such questions as will satisfy him that the applicant is 21 years of age and upwards and has actually resided in the State six months, and in the district or county thirty days next preceding any election.
The age of the applicant is 21 years of age, and, upon making “satisfactory answer to all questions” which the registrar is entitled to propound the applicant touching his or her qualifications for registration, such applicant must be registered by him and the applicant must be registered by him and the applicant for registration need not state his or her exact age, but merely qualifies himself or herself by stating that he or she is over 21 years of age.
Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.
203. Public Schools—County High Schools—County Boards of Education.
The County Board of Education cannot undertake the construction of a proposed building on a day-labor basis or by letting several contracts of less than $500 each.
CARSON CITY, July 3, 1918.
MR. J.H. WHITE, District Attorney, Hawthorne, Nevada.
DEAR SIR: We wish to acknowledge receipt of your letter of the 1st instant, wherein you
quote from a letter received from the County Board of Education as follows:
Having advertised twice for bids for the construction of the Mineral County High-School building, and having received no satisfactory bids, the board would like your opinion and that of the Attorney-General as to our right to undertake this construction on a day-labor basis, or by letting several contracts of less than $500 each.
Section 6 of the Act authorizing the issue of bonds to provide for the erection of the county