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«OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1918 138. State Assayer and InspectorFees. The State Assayer and Inspector cannot charge less than 25 ...»

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high-school building at Hawthorne (Stats. 1917, p. 306) reads as follows:

All moneys derived from the sale of said bonds shall be paid to the County Treasurer of said county, and the said Treasurer is hereby required to receive and safely keep the same in a fund known as “County High-School Fund,” and to pay out said moneys only in the manner now provided by law and for the purposes for which the same were received.

By restricting the Treasure to pay out the money “only in the manner now provided by law,” the Legislature undoubtedly had in mind the provision incorporated in section 5 of the general

Act relating to bonding counties for building high schools (Stats. 1917, p. 19) reading thus:

Said County Board of Education * * * shall advertise for bids for the construction thereof and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained;

and to section 3423 of the Revised Laws, which provides that:

The county high school shall be under the same general supervision and shall be subject to the same laws, rules, and regulations governing the other schools of the state school system;

and the law governing the other schools, so far as concerns the particular question here involved,

found on page 375 of the Statutes of 1915, which reads:

Whenever the Trustees of any school district shall decide to erect any new school building that is to cost more than five hundred dollars, * * * they shall advertise for bids for the contract to erect the said new building. * * * In all cases where more than five hundred dollars is to be expended upon the erection of any school building, * * * the Trustees shall award the contract for such work to the lowest and best bidder for the contract.

The jurisdiction of School Trustees is limited to the legislative authority conferred upon them (State v. McBride, 31 Nev. 57, 99 Pac. 705), and the same rule is applicable to the members of the County Board of Education (Waitz v. Ormsby County, 1 Nev. 370) As the laws referred to have prescribed the manner in which the Board of Education shall contract for the erection of a high-school building, they exclude all other modes of procedure.

(State v. Washoe County, 6 Nev. 104; Sadler v. Eureka County, 15 Nev. 30.) We are, therefore, of the opinion that the County Board of Education cannot undertake the construction of the proposed building on a day-labor basis or by letting several contracts of less than $500 each.

Yours very truly, GEO. B. THATCHER, Attorney-General.

BY WM. McKNIGHT, Deputy.

204. Elections—Registration—Deputy Registrar.

A Deputy Registrar cannot appoint his wife to serve for him during his absence from his post of duty.

CARSON CITY, July 3, 1918.

MR. HARRY DUNSEATH, Justice of the Peace, Tonopah, Nevada.

MY DEAR SIR: Your letter of the 30th ultimo, wherein you state that you shall likely be called away from Tonopah for a few days and desire to know whether or not your wife can be appointed a deputy registrar during your absence, duly received.

The law applicable to this matter is found in section 10 of the Act regulating the registration

of electors (Stats. 1917, p. 428), which reads as follows:

All Justices of the Peace are hereby designated as deputy registrars for the purpose of carrying out the provisions of this Act. The County Clerk of each county shall appoint deputy registrars, who shall have the power to administer oaths, in each precinct of such county distant more than five miles from the county courthouse and wherein no Justice of the Peace resides.

No deputy registrar can be appointed in any precinct in which a Justice of the Peace resides nor in any precinct which is within five miles of the county courthouse.

In view of this statute, it is our opinion that your wife cannot be appointed a deputy registrar during your absence.

Yours very truly, GEO. B. THATCHER, Attorney-General.

BY WM. McKNIGHT, Deputy.

205. Elections—Sample Ballots—Independent Candidates.

The sample ballot required in Stats. 1917, p. 282, need not contain the names of independent candidates as the ballot must contain the names only of all party candidates who have opposition for the party nomination.

–  –  –

MR. H.L. COX, Deputy District Attorney, Austin, Nevada.

DEAR MR. COX: We wish to acknowledge the receipt of your recent letter, in which you

ask:

Can the names of persons nominated as independent candidates be placed on the sample ballots to be prepared by the County Clerk and mailed as provided in section 13 of the primary election law of 1917?

The portion of the section in question (Stats. 1917, p. 282) applicable to this matter reads as

follows:

Not less than twenty-five days before the September primary each County Clerk shall prepare sample ballots for such primary, which sample ballots may be smaller in dimensions, but shall be otherwise exact copies of the official ballot to be used at the primary.

Independent candidates are not nominated at the primary, but secure their nominations by filing the necessary certificate of nomination and by paying the prescribed fees. (Stats. 1917, p.





287, sec. 31.) The primary election law contemplates the nomination at the primary of party candidates where there is a party contest and the nomination of nonpartisan candidates.

The official party ballot shall contain the names of all party candidates only who have opposition for the party nomination (Stats. 1917, p. 282, sec. 12h). The official nonpartisan ballot shall contain the names of all nonpartisan candidates.

As the sample ballot must be an exact copy of the official ballot, it naturally follows that the names of no independent candidates should be placed thereon.

Yours very truly, GEO. B. THATCHER, Attorney-General.

BY WM. McKNIGHT, Deputy.

206. Mothers’ Pension Act—Divorced Women.

A woman who has children under 15 years of age not supported by their father is within the provisions of the Mothers’ Pension Act (Stats. 1915, p. 151), even though she is divorced from her husband.

CARSON CITY, July 16, 1918.

HON. THOMAS E. POWELL, District Attorney, Winnemucca, Nevada.

DEAR MR. POWELL: I am in receipt of your favor of the 10th instant, asking what is the status of a mother of children under the age of 15 years who has been divorced from her husband on the grounds of cruelty and who is dependent upon her own efforts for the support and maintenance of her children, with reference to receiving an allowance for the partial support of her children under the provision of chapter 131, Stats. 1915, p. 151.

It seems that in this case a divorce was granted and alimony allowed the wife, but never paid by her divorced husband. You inquire whether the woman is, for the purposes of the abovementioned Act, “abandoned” when a decree of divorce is entered.

The first section of the Act in question provides:

It shall be the duty of the County Commissioners of each county in this State, and they are hereby empowered and authorized, to provide funds in an amount sufficient to meet the purposes and requirements of this law, for the support of women whose husbands are dead or are inmates of a penal institution or an insane asylum, or who are abandoned by their husbands, and such abandonment has continued for more than one year, or because of the total disability of their husbands, and who are unable to support their children, when such women are destitute or are dependent upon their own efforts for the maintenance of their children and are mothers of children under the age of 15 years, and such mothers and children reside in such counties in the State.

It will be necessary in the determination of this matter to define the word “abandon.” In the case of Pidge v. Pidge, 44 Mass. 257, it is said “to abandon is wholly to withdraw; to lay aside all care of it; to leave it altogether to itself.” In the case of Gay v. State, 105 Ga. 599, the court said: “‘Abandon,’ in its ordinary sense, means to forsake entirely.” When referring to a desertion of a wife by her husband, it has been defined to mean the act of the husband in voluntarily leaving his wife with the intention to forsake entirely and never return to her. Such neglect either leaves the wife without the common necessaries of life or would leave her destitute but for the charity of friends.

It has been decided by this office that the statute in question is highly remedial and should be liberally construed. It has further been decided that the purpose of this statue is to keep the family intact and that the mother shall not be compelled to go away from home to seek work, for the support of her family, which would keep her away from her children. It seems to me that under the definitions above quoted, she has been abandoned by her husband within the meaning of the statute and is, therefore, entitled to the relief provided by the provisions of the abovementioned chapter. Yours very truly, EDW. T. PATRICK, Deputy Attorney-General.

207. Industrial Insurance Commission.

Amount of compensation to be paid under these particular circumstances calculated.

CARSON CITY, June 17, 1918.

MR. GEO. D. SMITH, Chairman, Nevada Industrial Commission, Carson City, Nevada.

DEAR SIR: We are in receipt of your letter of the 13th instant, wherein you ask an opinion

upon the following question:

Should the amount of a deceased employee’s actual wages be used in the denominator of the proportion, or should the denominator be $120 where the actual wages exceeded $120 per month; in other words, where a deceased workman sent an average of $25 per month of his wages of $168 to his partially dependent father, should the monthly compensation to be paid equal 25 168 times 25% of $120 or $4.46, or 25 120 times 25% of $120, or $6.25 for one hundred months?

By subdivision 6 of section 25 of the Industrial Insurance Act (Stats. 1917, p. 442) it is

provided:

If there is no surviving wife (or dependent husband) or child under the age of eighteen years, there shall be paid to the parent or parents, if wholly dependent for support upon the deceased employee at the time of his death, twenty-five per centum of the average monthly wage of the deceased during dependency—

while subdivision of 6 of the same section (Stats. 1917, p. 443) provides that:

Any excess of wages over one hundred and twenty ($120) dollars a month shall not be taken into account in computing compensation for death benefits.

Under these statutory provisions, the parents who are wholly dependent for support upon a deceased employee receiving wages of $120 or more per month and leaving no surviving wife or minor child, are entitled to receive as compensation 25 per cent $120, or $30 a month during dependency. If the parents are but partially dependent for support upon such an employee, the amount of compensation payable to them is fixed by subdivision 7 of the same section (Stats.

1917, p. 442) which reads in part as follows:

If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as to the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for one hundred months.

The amount contributed monthly by the deceased to his father was $25; the amount of the average wage of deceased at the time of the injury resulting in his death, although actually $168, was fixed by statute at $120; and the amount of monthly payments for the benefit of persons totally dependent in similar cases is $30.

Therefore, the amount of compensation to be paid in this particular case is 25 120 of $30, or $6.25 per month.

Yours very truly, GEO. B. THATCHER, Attorney-General.

BY WM. McKNIGHT, Deputy.

208. Elections—Registration.

Citizens of the State of Nevada who are compelled to live in Washington by reason of their connection with the United States Government are entitled to demand and receive from the registrar registration cards which, when properly filled, must be accepted by him and the applicant registered.

CARSON CITY, July 17, 1918.

HON. DANIEL E. MORTON, County Registrar, Carson City, Nevada.

DEAR MR. MORTON: It seems that a number of Nevadans, who are compelled to live in Washington City, on account of their connection with the United States Government, desire you to send them registration cards. You wish to know whether you are authorized to comply with their wishes in view of the provisions of section 12 of the Act relating to registrations of electors (Stats. 1917, p. 428) which provides: “any elector residing within the county may register by appearing before the County Clerk or deputy registrar,” etc.



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