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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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3. In case one man is unexpectedly unable to go to work, it is permissible to allow a man who has already put in one shift to take his place and put in sixteen hours, rather than cause most or all of the force on that shift to law off?

Rev. Laws, 1941, reads as follows:

The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, topmen, and all workingmen employed or working on or about the surface or surface workings of any underground mine workings, shall not exceed eight (8) hours in any period of twenty-four (24) hours, except in cases of emergency where life or property is in imminent danger.

Rev. Laws, 6554, reads as follows:

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Penalties for the violation of the above-mentioned statutes are also provided for in sections immediately therein following.

None of the questions submitted contain any facts in any way showing “cases of emergency where life or property is in imminent danger.” Unless such cases exist the period of employment in and around mine shall not exceed eight hours per day.

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By WM. McKNIGHT, Deputy.

171. Public Schools--County High Schools--Dormitory--Gymnasium.

Constructing a building for a high school is not an expense of conducting such high school, and therefore the cost of construction, unless provided for by a special tax levy, cannot be paid from the county high-school fund.

Under an Act for the construction of a dormitory, a gymnasium cannot be constructed with money raised under the provisions of said Act.

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HON. E. P. CARVILLE, District Attorney, Elko County, Elko, Nevada.

Dear Mr. Carville: We wish to acknowledge receipt of your recent letter, wherein you

enclose a request from the County Board of Education for an opinion on the following questions:

1. Can the County Board of Education use the general funds for the purpose or purposes of construction? The proposition is this: The board desires to provide for construction through emergency warrants or otherwise, but such warrants cannot be issued until the general fund is exhausted. In that event it will of course be necessary to pay for such construction out of the general fund and to reestablish that fund again through the proposed emergency loan.

2. The bond issue which provides for the dormitory at Wells says nothing about a gymnasium. Wells desires to construct a dormitory and gymnasium in conjunction.

Can this be done?

We presume that the words “general funds,” used in question 1, mean county high-school fund. If this be true, it is but necessary, in order to secure an answer to such question, to refer to section 3420 of the Revised Laws. This section provides that the Commissioners shall include in their annual tax levy the amount estimated as needed to pay the expense of conducting the high school and that such amount, when collected, shall be paid into the county high-school fund, and may be drawn therefrom for the purpose of defraying the expense of conducting the county high school.

Constructing a building for a high school is not an expense of conducting such high school, for which reason it is clear that the cost of construction, unless provided for by a special levy (Rev. Laws, 3415-3416) cannot be paid from the county high-school fund.

Relative to the second question, will say that a dormitory is a room or a building used for sleeping quarters, and does not include a gymnasium. (Hillsdale College v. Rideout, 82 Mich.

94, 46 N. W. 373.) The Act providing for a dormitory at Wells (Stats. 1915, p. 394) contains nothing with reference to a gymnasium. This omission clearly shows that no gymnasium was intended.

Besides, section 8 of the Act in question distinctly provides that any money remaining, after the building, equipment, and furnishing of the dormitory, shall be used for running and maintaining the high school.

Under such circumstances, a gymnasium, either in conjunction with or separate from the dormitory, cannot be constructed with money raised under the provisions of the aforesaid Act.

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By WM. McKNIGHT, Deputy.

172. State Highway Department--Highway Engineer--Maintenance.

An engineer in charge of a survey party is not entitled to expenses while temporarily in Carson City.

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MR. C. C. COTTRELL, State Highway Engineer, Carson City, Nevada.

Dear Sir: We are in receipt of your letter of the St. instant, in which you give details, with reference to the employment of an engineer for the position of chief of survey party, and ask whether or not he is entitled to expenses while temporarily in Carson City and after you had given him notice that no such expenses would be paid.

From the facts submitted, it is our opinion that the party is not legally entitled to the expenses in question.

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By WM. McKNIGHT, Deputy.

173. Public Schools--County High Schools--Interest-Bearing Warrants, Elko County.

Interest-bearing warrants of a county high school are not such “bonds” as the State Board of Investment is authorized to buy.

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HON. E. P. CHERVIL, District Attorney, Elko, Nevada.

Dear Mr. Chervil: I am in receipt of yours of March 20, with reference to the power of the State Board of Investment or the Nevada Industrial Commission to invest in interest-bearing warrants for the Elko County High School in Elko. The State Board of Investment and the Nevada Industrial Commission are authorized to buy or invest in bonds of any State of the United States, the State of Nevada, or any county of the State of Nevada. You will observe the word “bond.” Bonds have been repeatedly construed to be emergency instruments. Elko County has no authority to issue negotiable commercial paper either in form of notes or bonds under Act of March 25, 1911, authorizing the issuance of interest-bearing school warrants in emergencies, etc.

A county cannot make or issue negotiable commercial paper unless the power is specifically conferred upon it, and the power to borrow money does not carry with it or necessarily imply the power to issue negotiable commercial paper. (First National Bank of San Francisco v. Nye County, 38 Nev. 123.) The State Board of Investment and the Nevada Industrial Commission must necessarily keep strictly within the letter of the statute. I take it that they are in a different position than a private individual who may take a chance.

I disagree with Mr. Caine’s opinion, first, because section 14 ½ specifically provides that the budget law shall not taken effect, with reference to school districts and high-school districts, until February 1, 1919, and I think that section controls the repealing provisions of section 16.

Again, in the decision of First National Bank v. Nye County, just referred to, the Supreme Court of this State held that, when a county has had the benefit of money obtained by the Board of County Commissioners, it is liable for money had and received, and there are innumerable decisions to this effect. I don’t believe that the bank would be taking any chance in making the loan.

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By WM. McKNIGHT, Deputy.

174. Rabies Commission--Appropriation.

The appropriation for the Rabies Commission made in 1917 is not available for the payment of a claim incurred in 1916.

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HON. EMMET D. BOYLE, Governor of the State of Nevada, Carson City, Nevada.

Dear Governor: We wish to acknowledge receipt of your letter of the 9th instant, in which you request an opinion as to whether or not the appropriation made in 1917 for the support of the Rabies Commission is available to pay a bill for services and expenses of a member of the predatory animal extermination board incurred in 1916.

Section 2 of the Act creating the Rabies Commission (Stats. 1917, p. 54) reads in part as


For the cooperative support of the work of control and eradication of rabies and noxious animals as aforesaid there is hereby appropriated thirty-five thousand ($35,000) dollars annually for each of the fiscal years 1917 and 1918, from any moneys in the State Treasury not otherwise appropriated.

By this section the Legislature intended to, and did, provide an appropriation to meet, within the years 1917 and 1918, liabilities incurred during those years.

As a liability incurred during prior fiscal years cannot be settled from funds appropriated for future years (State v. Hallock, 20 Nev. 73, 74, 15 Pac. 472), we are of the opinion that the appropriation for the Rabies Commission made in 1917 is not available for the payment of any claim incurred in 1916.

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A. CARLISLE & CO. OF NEVADA, 131 North Virginia St., Reno, Nevada.

Gentlemen: We are in receipt of your recent letter, in which you request an opinion upon various phases of the present election laws. We have attempted to arrange the several matters

presented into questions, and shall take such questions up in their order, as follows:

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Section 11 of the registration laws (Stats. 1917, p. 428) provides as follows:

Registration offices shall be open for registration of voters for any election, Sundays and legal holidays excepted, from and after the first day of June in any general election year, except as otherwise provided in this Act up to the twentieth day next preceding such election;

and section 17 of the same Act (Stats. 1917, p. 430) reads in part thus:

The County Clerk shall close all registration for the full period of twenty days prior to any election. * * * The County Clerk of each county must cause to be published, in newspapers published within his county and having a general circulation therein, a notice signed by him to the effect that such registration will be closed on the day provided by law, specifying such day in such notice, and stating that electors may register for the ensuing election by appearing before the County Clerk at his office or by appearing before a deputy registrar in the manner provided by law. The publication of such notice must continue for a full period of thirty days next preceding the close of registration for any election.

The word “election,” as used in the registration law, where not otherwise qualified, applies to general, special, primary nominations and municipal elections, and to elections in school districts of the first class. (Stats. 1917, p. 434, sec. 30.) For the present year the primary election will be held on September 3 (Stats. 1917, p. 277, sec. 3), and the general election will be held on November 5 (Stats. 1917, p. 276, sec. 1; Stats.

1917, p. 358, sec. 1). As the County Clerk shall close all registration for the full period of twenty days prior to any election, the registration offices must close on the night of August 13 for the primary election and on the night of October 15 for the general election, beyond which dates no one can register for the respective elections.

The statute requires that the publication of the notice by the Clerk must continue for a full period of thirty days next preceding the close of registration. This makes it necessary to commence such publication on or before July 13 for the primary election, and on or before September 14 for the general election.

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Section 10 of the direct primary law (Stats. 1917, p. 279) reads in part as follows:

At least thirty days before any September primary preceding a November election the Secretary of State shall transmit to each County Clerk of any county a certified list containing the name and postoffice address of each person for whom nomination papers have been filed.

As hereinbefore stated, the primary election in 1918 will be held on Tuesday, September

3. The statute requires that the lists shall be transmitted at least thirty days prior to that date. In order to comply with the statute, the lists must be transmitted “without” the thirty days’ period next preceding the election, and not “within” it, because if transmitted within such period they certainly cannot be transmitted at least thirty days prior to the commencement thereof. (Seawell v. Gifford, 22 Idaho. 295, 125 Pac. 182; Ann Cas. 1914A, 1132.) The Secretary of State should, therefore, transmit the lists in question on or before August 3.

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It is provided in subdivision 6 of section 21 of the registration law (Stats. 1917, p. 432) that the County Clerk must cancel any registry card upon the request of any elector who desires to change his politics, provided said change is made thirty days before any primary election.

The authorities are uniform that where an act is required to be done a certain number of days “before” a certain other day, upon which another act is to be done, the whole number of days must intervene before the day fixed for doing the second act. (Ward v. Wolters, 63 Wis. 39, 22 N. W. 844.) Consequently, thirty days must intervene between the cancellation in question and the primary election. As the primary election will be held on September 3, the last day on which an elector can have his registry card canceled, for the purpose of changing his politics, will be August 3.

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It does not. The Act in question, in section 1 thereof (Stats. 1917, p. 358) provides when a general election shall be held and by its language clearly shows that the term “any general election” means any November election.

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Every candidate for nomination for any elective office not less than thirty days prior to the primary shall file a declaration or acceptance of candidacy.

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