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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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You call my attention to section 14, which provides that for improvements costing less than $2,000 it is within the discretion of the State Highway Engineer to execute the same himself or let the same by contract, but where the cost of the proposed improvement exceeds said sum advertisement for bids for such work must be made. You also call attention to section 27 of the same Act providing for work to be performed by the use of convict labor.

You inquire whether, in a case where the total estimated cost of construction of a certain section of road is several times $2,000 in amount, will it be in accordance with law for the Department of Highways to construct such section with convict labor.

It is a cardinal rule of construction of statutes that latter provisions control former provisions, and the section authorizing the Department of Highways to employ convict labor appearing later in the Act than that requiring advertising for bids for improvements exceeding $2,000, it is the opinion of this office that the later section will prevail.

You are therefore advised that, in the opinion of this office, the Department of Highways is authorized to employ convicts in the construction of roads, even though the cost of such construction shall exceed $2,000 in amount.

–  –  –

183. Elections--Registration.

The County Clerk is the registrar of his county.

Justices of the Peace are the registrars for the respective townships.

Deputy registrars are to be appointed by the Clerk in precincts where no Justice of the Peace resides and are distant five miles from the county courthouse.

Any person residing within the county may register by appearing before the County Clerk.

–  –  –

HON. L. E. GLASS, County Clerk, Tonopah, Nevada.

Dear Mr. Glass: I am in receipt of your favor of the 7th instant, asking certain questions concerning “An Act regulating the registration of electors” (Stats. 1917, p. 425), and will respond

to your questions as follows:

The County Clerk is the registrar of the county of Nye. He receives no compensation for registrations made by him except those provided under the provisions of section 22 of the Act, wherein he is entitled to receive for the use and benefit of the county, the sum of 5 cents for each and every name for poll-lists furnished by him in municipal or school-district elections.

The Justices of the Peace of the county are the deputy registrars for their respective townships and for the whole territory covered by their Justices’ precincts. They receive compensation at the rate of 15 cents per name for each registration made.

Deputy registrars are to be appointed by the Clerk in precincts where no Justice of the Peace resides and which are distant five miles from the county courthouse. Under section 12 of this Act any person residing within the county may register by appearing before the County Clerk.

By section 34 of the Act it is made the duty of the County Commissioners of each county to furnish the County Clerk thereof with sufficient help to enable him to properly perform the duties imposed upon him by the registration Act.

–  –  –

184. Fish and Game--Deputy Fish and Game Warden--Expenses.

The twenty-five dollars per month for expenses mentioned in section 3 (Stats. 1917, p.

473) is not a fixed sum additional to his salary, but states a maximum for expenses which may be allowed a Deputy Fish and Game Warden.

All Deputy Fish and Game Wardens should render itemized accounts of expenses, and the County Commissioners cannot legally allow more than twenty-five dollars a month therefor.

–  –  –

Dear Sir: This office is in receipt of your request for an opinion upon the following

question:

Can a Deputy Fish and Game Warden, duly appointed and commissioned in accordance with law, demand and collect the $25 per month mentioned in section 3, page 473, Statutes of 1917, a portion of which reads as follows: “Said Warden shall be allowed a sum not to exceed twenty-five dollars per month for expenses incurred by him in the performance of his duties”?

In our opinion the $25 per month mentioned in the section referred to is not a fixed sum additional to his salary, but only states a maximum for expenses which may be allowed the Deputy Fish and Game Warden. Whether the Deputy Fish and Game Warden is regarded as a state officer or as a county officer, existing laws regulating state and county officers compel him to render an itemized account of his expenses, and such deputy can receive payment of his claim for expenses only by submitting an itemized account thereof, and the law expressly provides a limit of $25 to the amount of his expenses in any one month.

It is therefore the opinion of this office that all Deputy Fish and Fame Wardens should render an itemized account of their expenses and that the County Commissioners cannot legally allow more than $25 a month therefor.

–  –  –

185. Corrupt Practice Act--Independent Candidates--Expenses--Primary Elections.

It is not necessary for an independent candidate to file any statement of expenses before or after the primary election, but such statement must be filed for the general election.





–  –  –

MISS ANNE MARTIN, Reno, Nevada.

My Dear Miss Martin: I am in receipt of your favor or the 22d instant wherein you ask the

opinion of this office regarding certain features of the Corrupt Practices Act. You inquire:

–  –  –

You also inquire:

2. Is it necessary to file a statement of expenses as an independent candidate with the Secretary of State five days before and fifteen days after the election.

The answer to both of your questions is contained in section 8 of the Corrupt Practices

Act (Stats. 1913, p. 478). Said section provides:

Every candidate for nomination or election to public office, including candidates for the office of Senator of the United States, and Representative in Congress, shall, five days before and fifteen days after the election at which he was a candidate, file with the Secretary of State, etc.

As an independent candidate you will be nominated by petition of electors and you will not come before the electors of the State for consideration at the primary election and your name will not appear upon the ballot at such election. If you secure the requisite number of signatures to your petition for nomination, your name will be certified by the Secretary of State to the various County Clerks as the independent candidate for the office of United States Senator in order that your name may appear upon the ballot to be used at the general election as a candidate for such position. You are not, therefore, within the provisions of said section 8 because you are not a candidate for nomination or election to public office at the primary election, and section 8 therefore does not apply to you, so far as the primary election is concerned. Should you receive the requisite number of signatures to your petition for nomination and your name therefore certified by the Secretary of State to the various County Clerks, you will then be within the purview of section 8, for you will then be a candidate for election to public office, and the balance of said section which requires a statement of expenses to be filed five days before and fifteen days after election “at which he was a candidate” will apply.

It is, therefore, the opinion of this office that it is unnecessary for you to file any statements whatever before or after the primary election, but that you will be required to file a statement of expenses five days before and fifteen days after the general election in November.

–  –  –

186. Industrial Insurance Commission--Jockeys.

A jockey riding at a race meet is in the employment of the person whose horse he rides, and cannot be considered in the employment of the State.

–  –  –

HON. GEORGE D. SMITH, Chairman Nevada Industrial Commission, Carson City, Nevada.

Dear Sir: We wish to acknowledge receipt of your recent letter in which you request an

opinion upon the question:

–  –  –

A jockey riding regularly in the race-meet is usually hired and paid by the person whose horse he rides, and is considered to be in the employ of such person. Under no circumstances can such a jockey be considered as in the employ of the State.

–  –  –

By WM. McKNIGHT, Deputy.

187. Labor Commissioner--District Attorneys.

It is the duty of the District Attorneys of the several counties, upon complaint of the Labor Commissioner, to prosecute all violations of section 1, chapter 276, Stats. 1913, which may be brought to their attention by him.

–  –  –

HON. ROBERT F. COLE, Labor Commissioner, Carson City, Nevada.

Dear Sir: I am in receipt of your recent letter in which you state that you have had several complaints alleging violation of section 1, chapter 276, Statutes of 1913, p. 448.

You also call my attention to section 13, chapter 253, Statutes of 1915, p. 314, as follows:

It shall be the duty of the District Attorneys of the several counties, upon the complaint of the Labor Commissioner, to prosecute all violations of law which may be reported to said District Attorney by the Labor Commissioner.

You inquire whether or not the Labor Commissioner has the power to invoke the services of the District Attorneys of the several counties of this State in an attempt to enforce the provisions of section 1, chapter 275 (above mentioned), in such cases which may have been referred to him by employees who have wages due them.

It is the opinion of this office that under the provisions of section 13, it is the duty of the District Attorneys of the several counties upon your complaint to prosecute all violations of section 1, chapter 276, Statutes of 1913, which may be brought to their attention by you.

Yours very truly,

–  –  –

188. Labor Commissioner--Eight-Hour Law--Watchmen.

Section 1941, Rev. Laws, does not apply to watchmen employed on or about the surface working of a mine.

–  –  –

HON. ROBERT F. COLE, Labor Commissioner, Carson City, Nevada.

Dear Sir: I am in receipt of your recent favor requesting construction of Rev. Laws, 1941,

which provides:

The number of hours of work or labor of mechanics, engineers, blacksmiths, carpenters, top men, 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.

You inquire: “Is the above law applicable to watchmen employed on or about the surface workings of a mine whether or not the men are employed underground or about the surface of the mine?” In the opinion of this office such law does not apply to watchmen.

–  –  –

189. Industrial Insurance Commission--Accident Benefit Fund.

The Industrial Insurance Commission has authority to charge the Accident Benefit Fund, created by section 23 of the amended Industrial Insurance Act, with a percentage of expenses including salaries of the Commission.

–  –  –

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

Dear Mr. Smith: With reference to your request for an opinion as to whether or not your Commission has authority to charge the accident benefit fund created by section 23 of the amended Nevada Insurance Act of 1917 with a percentage of expenses, including salaries of the Commission, we beg to reply that you have such authority.

–  –  –

By WM. McKNIGHT, Deputy.

190. Industrial Insurance Commission--Contractors.

The present Industrial Insurance Act is not compulsory for a contractor under the State, a county, municipal corporation, school district or city under special charter or commission form of government.

–  –  –

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

Dear Sir: We beg to acknowledge receipt of your recent letter, wherein you request for an

opinion upon the following question:

Are the terms, conditions and provisions of the Nevada Industrial Insurance Act compulsory under subdivision b of section 1 of the Nevada Industrial Insurance Act, as amended to take effect July 1, 1917, where a contractor under the State, a county, municipal corporation, school district, cities under special charter and commission form of government, is the employer?

Section 1b of the Industrial Insurance Act as amended in 1915 (Stats. 1915, p. 279), read

as follows:

Where the State, county, municipal corporation, school district, cities under special charter and commission form of government, or contractors under the State, county, municipal corporation, school district, or cities under special charter or commission form of government is the employer, the terms, conditions, and provisions of this Act for the payment of compensation and amount thereof for such injury sustained by an employee of such employer shall be exclusive, compulsory, and obligatory upon both employer and employee.

At the next session (Stats. 1917, p. 137) this section was amended by eliminating

therefrom the portion which reads:

or contractors under the State, county, municipal corporation, school district, or cities under special charter or commission form of government.



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