«OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1918 138. State Assayer and InspectorFees. The State Assayer and Inspector cannot charge less than 25 ...»
Dear Sir: Your letter of the 9th instant, with bill and letter from Mr. Triplett enclosed, just received. You ask for an opinion as to whether or not the bill is too large, and also whether the bill submitted by the Elko Independent is legal. This latter bill is not enclosed and it is, therefore, impossible to advise you with reference to the same. If it is for similar advertising as that covered in the bill for Mr. Triplett, then the law applicable to one would, of course, govern the other.
Mr. Triplett’s bill covers the publication “Bids for Constructing Wells High-School Dormitory.” A charge is made for four publications under the assumption that more would not be paid for, although the advertisement was actually run five times.
The law authorizing the publication is found in section 9 of the Act providing for the
construction of certain buildings (Stats. 1915, p. 346) reading in part, as follows:
Said County Board of Education shall determine as to the character of said building, the materials to be used therefor, and the plans therefor, and when such determination is made, said board shall advertise for bids for the construction of said county high-school building, and let the construction thereof by contract to the lowest and most responsible bidder. The laws in force governing contracts by Boards of County Commissioners are hereby made applicable to and the same shall govern the action of the County Board of Education in carrying out the provisions of this Act.
This section makes the laws in force governing contracts by County Commissioners applicable to contracts by the County Board of Education. County Commissioners in letting their contracts which in the aggregate exceed the sum of $500 must advertise for bids for a period of thirty days. (Rev. Laws, 1530.) As a publication in a weekly newspaper for a period of thirty days can be made only by an insertion once a week for five weeks, it follows that Mr. Triplett is legally entitled to receive pay for five insertions of the advertisement in question.
166. Corporations--Articles of Incorporation.
Unless the articles of incorporation designate the place within the city or county in which the principal office or place of business is to be located with sufficient certainty as to be easily located the certificate is to be refused.
A corporation organized to engage in the oil-drilling business must designate in its articles the amount of subscribed capital with which it will commence business.
Section 1220, Rev. Laws, has no application to a corporation organized to engage in the oil-drilling business.
HON. GEORGE BRODIGAN, Secretary of State, Carson City, Nevada.
Dear Sir: We are in receipt of your request for an opinion upon the following questions,
which will be taken up in their order:
1. Should the certificate mentioned in subdivision 2 of section 4 of the Act providing a general corporation law (Rev. Laws. 1108) be refused if the articles designate the name of the city and county, but not the name of the place within such city or county wherein the principal office or place of business is to be located?
The subdivision in question reads as follows:
The name of the county and of the city or town and of the place within the county, city or town, in which its principal office or place of business is to be located in this State (giving street and number if practicable), and if not so described as to be easily located within the said county, city or town, the Secretary of State shall refuse to issue his certificate until such location is marked and established.
This language is clear; unless the place within the city or town and county in which the principal office of place of business is to be located is designated with sufficient certainty as to be easily located, the certificate should be refused.
2. Is it necessary that a corporation organized to engage in the oil-drilling business, with its entire stock consisting of property necessary to that business, to designate in its articles the amount of subscribed capital stock with which it will commence business?
Subdivision 4 of section 4 of the Act referred to above (Rev. Laws, 1108) provides that the amount of subscribed capital stock, if the corporation has capital stock, shall be shown. This subdivision, so far as concerns a corporation organized for the purpose mentioned, is not qualified by any other provision in the corporation law, and it is necessary that the amount of subscribed capital stock shall be shown.
3. In what manner does section 1220 of the Revised Laws apply to a corporation organized to engage in the oil-drilling business?
Such section, as to such a corporation, has no application whatever, as it is superseded by the later corporation law.
By WM. McKNIGHT, Deputy.
167. Revenue--Taxation--Live Stock.
The situs of cattle for the purpose of taxation is in the county of the residence of the owner thereof.
MR. A. C. TRIELOFF, Carson City, Nevada.
Dear Sir: WE are in receipt of your recent letter, from which it appears that you reside in and own considerable land and personal property, including cattle, in Washoe County; that you own no real estate in Douglas County, but that during the winter months you range and feed your cattle therein; that in the spring of each year you drive such cattle back to Washoe County, in which county is situate your home ranch and where you care for your cattle and conduct your business. You ask whether the cattle should be assessed in Douglas County or in Washoe County.
From the foregoing statement of facts, it is our opinion that the situs of your cattle, for the purpose of taxation, is in Washoe County and that said cattle are assessable only in such county.
(Barnes v. Woodbury, 17 Nev. 383; 30 Pac. 1068; Ford v. McGregor, 20 Nev. 446; 23 Pac. 505;
Whitmore v. McGregor, 20 Nev. 451, 23 Pac. 510; State v. Shaw, 21 Nev. 222; 29 Pac. 322.)
By WM. McKNIGHT, Deputy.
168. Carson City--Elections--Registration of Electors--Municipal Elections.
On account of the provisions of the registration law (Stats. 1917, p. 435) there are no qualified electors at the present time within the City of Carson, and without qualified electors there can, of course, be no election, and no municipal election can be held in Carson City this year.
HON. W. E. BALDY, District Attorney Ormsby County, Carson City, Nevada.
Dear Mr. Baldy: We desire to acknowledge receipt of your letter of the 26th instant, in
which you request an opinion upon the following question:
The city charter (Stats. 1875, p. 88) provides in section 5 that annually on the first
Monday in May there shall be elected three Trustees, and in section 6 that:
All provisions of the law which now are or hereafter may be in force regulating elections and providing for the registration of electors, so far as the same may be consistent with the provisions of this Act, shall apply to the election of the Trustees.
As the charter contains no other provisions bearing upon this matter, it is necessary to refer to other laws. The last Legislature passed a new registration statute (Stats. 1917, p. 435) the
material portions of which provide as follows:
Sec. 11. Registration offices shall open for registration of voters for any election from and after the first day of June in any general election year up to the twentieth day preceding such election.
Sec. 19. The County Clerk shall at least five days before the ensuing election prepare for each precinct a poll-book or precinct register containing the names of all electors which shall be delivered to the judges of election prior to the opening of the polls.
Sec. 26-27. No person shall be entitled to vote at any election mentioned in this Act unless his name shall, on the day of election, except at school elections in school districts of the second and third class, appear in the copy of the official precinct register furnished by the County Clerk to the judges of the election, except where his name has been erroneously omitted from the precinct poll-book and he secures from the Clerk a certificate of such error.
Sec. 30. The word “election” as used in this Act, where not otherwise qualified, shall be taken to apply to municipal elections.
It is noticed that the city charter provides that three Trustees shall be elected in May of each year and that all laws providing for the registration of electors, so far as the same may be consistent with the charter provisions, shall apply to such elections. The charter contains no provision for the registration of electors, so it must be said that the registration law of 1917, above referred to, is consistent therewith.
However, as this law distinctly provides that the registration offices shall be open only from and after June 1 of this year, and that no person can vote at a municipal election unless he has registered in accordance with its provisions, it is readily apparent that there can be no qualified electors to vote at a city election held in May.
Without qualified electors there can, of course, be no election, for which reason it naturally follows that no municipal election can be held in Carson City this year.
By WM. McKNIGHT, Deputy.
169. State Board of Stock Commissioners--Rewards.
The State Board of Stock Commissioners has no authority to offer reward for the arrest and conviction of persons feloniously branding or stealing any stock.
Section 3 of the Act creating the State Board of Stock Commissioners (Stats. 1915, pp.
396-492) does not require the board to publish its orders, rules or regulations in one newspaper in each county, but the same must be published in the newspaper which has a general circulation in every county in the State.
The members of the board may not act by resolution signed individually without a meeting of the board.
STATE BOARD OF STOCK COMMISSIONERS, Reno, Nevada.
Gentlemen: I am in receipt of your request for an opinion as to whether or not your board may offer a standing reward for the arrest and conviction of any person feloniously branding or stealing any stock or for the conviction of other crimes or misdemeanors, for the protection of the rights and interests of stock owners.
Section 19 of the Act creating the State Board of Stock Commissioners and defining its
powers and duties (Stats. 1915, pp. 396-402), provides:
Sec. 19. The board may take all necessary and lawful steps, procure all necessary and lawful process for attendance of witnesses, and employ counsel to assist in the prosecution of any person guilty of any offense against the laws of this State in feloniously branding or stealing any stock, or any other crime, or misdemeanor, under the laws of the State for the protection of the rights and interests of stock owners, and it is the duty of the board to make rules and regulations governing the recording and use of livestock brands.
I am of the opinion that this section, which is the only one that could possibly give you any authority to offer a reward, it not broad enough to authorize you to offer any reward at all.
This section authorizes you to take lawful steps necessary for the production and attendance of witnesses. It also authorizes you to employ counsel to assist you in the prosecution of persons violating any of the laws for protection of stock owners, but it does not authorize you to offer rewards in these or in any other cases.
With reference to your request for an interpretation of the following language of section 3
of the same Act:
All orders, rules, or regulations made as herein provided must be published at least twice in some newspaper having general circulation in each county in the state-I am of the opinion that this provision requires you to publish in some newspaper which has a general circulation in every county in the State, but does not require you to publish in one newspaper in each county, although it would be permissible to so publish, especially as the quarantine regulations are legislative Acts and are in the nature of laws of which notice should be given.
Replying to your further request for an interpretation of the Act as to whether or not the members of the board may act by written resolution signed individually without a meeting of the board. I am of the opinion that they cannot. The State Board of Stock Commissioners is a board created by law, and individually they have no power; they can only act as a board. They can make rules and regulations for the government of the board, but this would not authorize them to act in any other way than as a board.
170. Employer and Employee--Eight-Hour Law--Mines and Mining.
The provisions of the eight-hour law (Rev. Laws, 1941, 6554) shall not be suspended except in “case of emergency where life or property is in imminent danger.”
HON. ROBERT F. COLE, Labor Commissioner, Carson City, Nevada.
Dear Sir: We wish to acknowledge receipt of a letter written to you by a mining company, with your request for an opinion upon the question therein asked,
1. In the case of minor accidents to machinery, requiring two or three hours’ time to repair, which otherwise would lay off the entire shift, it is permissible to have the engineer make the repairs as overtime, after putting in his eight-hour shift?
2. In the event of one shift requiring, say, an extra hour, to complete drilling a round of holes, which if not blasted would compel the next shift to finish the round and blast at the beginning of the shift and they law off a considerable time waiting for the smoke and gas to clear, thereby causing them to lose perhaps a half-day and materially delaying the progress of the work, it is permissible to allow the first shift to put in the necessary overtime and complete their “round”?