«OFFICIAL OPINIONS OF THE ATTORNEY GENERAL - 1918 138. State Assayer and InspectorFees. The State Assayer and Inspector cannot charge less than 25 ...»
We have seen that the coming primary election will be held the 3d of September. The statute provides that not less than thirty days prior to September 3 every candidate shall file his declaration or acceptance of candidacy. It is plain that at least thirty days must intervene between the date of the filing and the day of the primary election. (State v. Brodigan, 37 Nev. 458, 142 Pac. 520; Seawell v. Gifford, 22 Idaho. 295, 125 Pac. 182; Ann Cas. 1914A. 1132; Griffin v.
Dingley, 114 Cal. 481, 46 Pac. 457; Anderson v. Falley, 9 N. D. 464, 83 N. W. 913.) Therefore, the last day on which a candidate may file his declaration or acceptance of candidacy will be August 3.
By WM. McKNIGHT, Deputy.
176. Fish and Game--Game Warden--Deputy Game Warden.
Appointment of a Deputy Fish and Game Warden can be made by State Fish and Game Warden only after the County Commissioners have consented to or recommended such appointment. When appointment is thus made the deputy can be removed by State Fish and Game Warden only.
A Deputy Fish and Game Warden legally appointed, who has not resigned nor been removed, but continues to exercise the functions and perform the duties of his position, is entitled to receive from the County Fish and Game Preservation Fund a salary agreed upon, provided it is within the limits allowed by law.
CARSON CITY, April 18, 1918.
HON. C. W. GROVER, State Fish and Game Warden, Carson City, Nevada.
Dear Sir: We wish to acknowledge receipt of your letter of recent date, in which you
request an opinion upon the following question:
Section 3 of the Act creating the position of State Fish and Game Warden (Stats. 1917, p.
473) reads in part as follows:
The State Fish and Game Warden may appoint a deputy or deputies of the different counties with the consent or recommendation of the County Commissioners. The State Fish and Game Warden can, at any time, ask for the resignation of the deputy or deputies so appointed if, in his judgment, the duties of the office in that particular county are not being properly attended to, and may, with recommendation of the County Commissioners, appoint another deputy to fill the office of the one just removed. The salary of said Deputy Fish and Game Warden shall be not more than one hundred dollars nor less than twenty dollars per month.
This language admits of but one meaning. The appointment of a Deputy Fish and Game Warden can be made only by the State Fish and Game Warden after the County Commissioners have consented to or recommended such appointment. When an appointment is thus once made the deputy can be removed only by the State Fish and Game Warden.
County Commissioners are entirely powerless to remove such deputy, but a new one cannot be appointed to take the place of the one removed by the State Fish and Game Warden except upon their recommendation.
The section quoted fixes the monthly salary of the Deputy Fish and Game Warden at not less than twenty dollars nor more than one hundred dollars, but is silent as to how or in what manner or from whom such salary shall be paid.
However, by referring to section 64 of the Act providing for the protection and preservation of fish and game (Stats. 1917, p. 470) it is seen that all money collected for fishing and hunting licenses shall be apportioned as follows: Two-thirds, or sixty-six and two-thirds per cent, of the money collected, shall be paid into the county treasury of the county where the license is collected, to be applied to the credit of the game and fish preservation fund, which fund is hereby created, and the money of said fund shall be applied to the payment of the expenses incurred in the prosecution of offenders, and for the revenue to pay Fish and Game Wardens and deputies, when necessary to hire Deputy Fish and Game Warden, or Wardens, and for revenue to pay for the importation and propagation of wild birds; one-third, or thirty-three and one-third per cent, of the money collected, shall be paid into the State Treasury to be applied to the credit of the State Fish and Game Warden Fund, which fund is hereby created, and the money of said fund shall be applied for the revenue of the salary to be paid to the State Fish and Game Warden and for his necessary expenses.
It is, therefore, the opinion of this office that a Deputy Fish and Game Warden appointed by you upon recommendation of the County Commissioners and who has not resigned nor been removed by you, but continues to exercise the functions and to perform the duties of his position, is entitled to receive from the county game and fish preservation fund the salary agreed upon, providing such salary is not less than twenty dollars nor more than one hundred dollars per month.
By WM. McKNIGHT, Deputy.
177. Commissioner of Deeds--Governor.
It is not necessary that a Commissioner of Deeds in a foreign country be a citizen of the United States in order to be appointed to such office by the Governor.
MR. HOMER MOONEY, Secretary of the Governor, Carson City, Nevada.
Dear Sir: We are in receipt of your letter of the 19th instant, in which you request an
opinion upon the question:
The statute providing for the appointment of a Commissioner of Deeds (Rev. Laws,
1000) reads as follows:
The Governor may, when in his judgment it may be necessary, appoint in each of the United States, and in each of the Territories and districts thereof, and in each foreign state, kingdom, province, territory, and colony, one or more Commissioners of Deeds, to continue in office four years, unless sooner removed by him. Every Commissioner of Deeds so appointed shall have the power to administer oaths, and to take and certify depositions and affidavits to be used in this State, and also to take the acknowledgment or proof of any deed or other instrument, to be recorded in this State, and duly certify the same under his hand and official seal.
The Commissioners of Deeds in a foreign country must necessarily exercise jurisdiction outside of the territorial limits of the State and Nation; and, in the absence of express statutory requirements, citizenship is not an absolutely essential qualification for the position. (29 Cyc.
1377.) As the statute is silent with reference to the question of citizenship, it is not necessary that a Commissioner of Deeds in a foreign country be a citizen of the United States.
By WM. McKNIGHT, Deputy.
178. Inspector of Mines--Mines and Mining--Blacksmith Shops.
The Inspector of Mines has the power to prevent installation of underground blacksmith shops in mines.
HON. A. J. STINSON, Inspector of Mines, Carson City, Nevada.
Dear Sir: We wish to acknowledge receipt of your recent request, asking for an opinion as to whether or not you have power to prevent the installation of underground blacksmith shops in the mines of this State.
Replying thereto, will say that by the law creating your office (Rev. Laws, 4198-4238) you are given wide powers, and your question should, therefore, be answered affirmatively.
HON. GEORGE A. COLE, State Controller, Carson City, Nevada.
My Dear Mr. Cole: I have gone over the correspondence between yourself and Mr.
Greathouse. Recorder and Auditor of Elko County, and the correspondence between yourself and Major Miller, County Treasurer of Elko County. I have likewise gone over the statement that Elko County made to your office for the half-year ending January 17, 1918. It appears from these statements that Elko County neglected to collect a state tax of 5 mills for civic and physical-training instructors’ fund, and that the county failed to account to the State for this amount.
The failure of Elko County officers to collect this tax does not relieve Elko County from the liability to pay it, and until Elko County does account to your office for the amount of the tax, which I understand is $960.73. I would advise that you withhold Elko County’s apportionment out of this fund until an adjustment can be made.
I am of the opinion that Elko County, through its Board of County Commissioners, can pay this amount out of its general fund and that Elko County should do so upon a showing of the Elko County officers to the Board of County Commissioners.
180. Electors--Nomination by Petition of Electors--Registration.
It is not necessary that a person be registered to qualify him or her as a signer of a nomination certificate of an independent candidate.
The same elector cannot sign two independent petitions for the nomination to the same office.
MISS ANN MARTIN, 157 Mill Street, Reno, Nevada.
Dear Miss Martin: I am in receipt of yours of April 27, requesting an opinion upon three questions with reference to the Nevada election laws.
The paragraph regarding the petitions of independents states that such petitions must be signed by 10 per cent of the number of electors voting for the same office in the last election. It does not even state “qualified electors.” Do electors have to be registered to make legal their signatures on an independent petition?
The nomination of independent candidates is governed by the provisions of section 31 of the Statutes of Nevada, 1917, pp. 276-289. “An Act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917.
Under the provisions of section 31 the certificate of nomination is required to be signed by electors. An elector, within the provisions of the Constitution of Nevada and of the Nevada Statutes, is “every citizen of the United States (not laboring under the disabilities named in the Constitution) of the age of twenty-one years and upward, who shall have actually and not constructively resided in the State six months and in the district or county thirty days preceding any election.” Registration is not a qualification of an elector, but is merely a condition imposed by the Legislature. I am of the opinion, therefore, that it is not necessary that a person be registered in order to qualify him or her as a signer of a nomination certificate of an independent candidate. This answer to your first question answers your second also.
Your third question is as follows:
There is no direct prohibition in the primary law, or in section 31 thereof, which prohibits an elector from signing more than one certificate of nomination for the same office for independent candidates. However, sections 4 and 6 of “An Act relating to elections and to more fully secure the secrecy of the ballot,” approved March 13, 1891 (Australian Ballot Law), prohibits any person from in any manner joining the nomination of more than one person for the same office. It is very doubtful whether or no these provisions have been repealed.
I hope this letter gives you the information that you desire. Should you desire any further information, I will be glad to give it.
181. State Labor Commissioner--District Attorney--Attorney-General.
The State Labor Commissioner is charged with the duty of enforcing labor laws relative to hours of employment in accordance with the hours of service for women. Upon the discovery of violation thereof the facts in connection therewith should be presented by the Labor Commissioner to the District Attorney of the county or to the Attorney-General, and thereupon it becomes the duty of either or both such officers to prosecute such violation.
CARSON CITY, May 3, 1918.
HON. ROBT. F. COLE, Labor Commissioner, Carson City, Nevada.
Dear Sir: Your recent letter, with reference to the enforcement of the law relative to the hours of labor for females, duly received. You call our attention to various statutes and request to be advised-whether or not the authority for enforcing the hours-of-service law for females is a dual authority, whether it is joint authority, or whether the Attorney-General has exclusive jurisdiction in the enforcement of this law.
Section 3 of the law in question (Stats. 1917, p. 71) reads as follows:
The District Attorneys of the respective counties of this State and the AttorneyGeneral of this State shall enforce the provisions of this Act, and said District Attorneys and said Attorney-General and their deputies and agents shall have all powers and authority of Sheriffs or other peace officers to make arrests for violations of the provisions of this Act, and to serve all processes and notices thereunder throughout the State.
By section 4 of the Act creating the office of Labor Commissioner (Stats. 1915, p. 312) it is provided that such officer-
These two sections should be read and construed together and effect should be given to each, conformably to the apparent legislative intent.
The Labor Commissioner is charged with the duty of enforcing all labor laws relative to hours of employment, including the hours-of-service law for women. The facts in connection with the violation of the latter law should be presented by you to the District Attorney of the county wherein the violation occurred, or to the Attorney-General, when it becomes the duty of either or both of such officers to prosecute such violation.
By WM. McKNIGHT, Deputy.
182. State Highway Department--State Highway Law--Convict Labor.
The Department of Highways is authorized to employ convicts in the construction of roads, even though the cost of construction shall exceed $2,000 in amount.
HON. C. C. COTTRELL, State Highway Engineer, Carson City, Nevada.
Dear Sir: I am in receipt of your favor of the 14th instant, asking opinion of this office in regard to certain sections of the State Highway Law.