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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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As this last-mentioned clause was not incorporated in the amendment of the last session, it is plain that the Legislature intended to make the Act compulsory only to such employers as therein particularly enumerated. By affirmatively naming those employers to whom the Act shall be exclusive, compulsory and obligatory naturally implies a negative of all employers not so specifically named.

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By WM. McKNIGHT, Deputy.

191. Industrial Insurance Commission--Claims--Notice.

The Commission may excuse the failure to file a notice of injury but cannot excuse the failure to file a claim for compensation. Under the statute the claim for compensation must be filed within one year after death.

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

Dear Mr. Smith: We wish to acknowledge receipt of your letter of recent date, in which

you refer to a particular claim, and ask:

–  –  –

Section 34 of the Nevada Industrial Commission Act (Stats. 1913, p. 150) provides:

No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the right thereto accrued.

In an opinion from this office given on July 17, 1917, you were advised that “The Commission may excuse the failure to file the notice but cannot excuse the failure to file the claim for compensation. Under the statute the claim for compensation must be filed within one year after death.” That opinion is clearly applicable here and is decisive of the question you ask.

Yours very truly,

–  –  –

By WM. McKNIGHT, Deputy.

192. Fish and Game--Licenses--Minors.

Under provisions of section 68 (Stats. 1917, p. 471), a person under the age of 15 years is not required to purchase a market fisherman’s license in order to be entitled to sell fish in the market.

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HON. C. W. GROVER, State Fish and Game Warden, Carson City, Nevada.

Dear Sir: I am in receipt of your recent favor asking opinion on the question:

Would any person, under the age of 14 years, be required to purchase a market fisherman’s license in order to be entitled to sell fish in the market?

Section 61 of the Act for the protection and preservation of fish and game (Stats. 1917, p.

470) provides:

–  –  –

The language of said section 68 seems to wipe out completely all requirements of section 61 in regard to licenses, including a market fisherman’s license.

It is, therefore, the opinion of this office that a person under the age of 14 years is not required to purchase a market fisherman’s license in order to be entitled to sell fish in the market.

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193. Elections--Registration.

The County Clerk is ex officio registrar of all voters in the respective counties of the State.

The Justices of the Peace are Deputy Registrars for the purpose of carrying out the provisions of the Act.

Additional registrars shall be appointed by the County Clerk for all precincts which are five miles distant from the county courthouse in which no Justice of the Peace resides.

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Justices of the Peace who live within five miles of the county courthouse shall register all voters within such district although any voter may register direct with the County Clerk.

A Justice of the Peace whose precinct is more than five miles distant from the courthouse shall register all voters within his precinct.

County Registrars (other than Justices of the Peace) shall be appointed by the County Clerk to register all electors living in precincts in which there is no Justice of the Peace and which is more than five miles distant from the county courthouse.

No person’s right to vote will be jeopardized by the fact that his registration was taken before the wrong officer when it could actually have been taken by the County Clerk, Justice of the Peace, or Deputy Registrar duly qualified.

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HON. H. H. ATKINSON, District Attorney, Tonopah, Nevada.

My Dear Mr. Atkinson: I am in receipt of yours of recent date, requesting the opinion of this office upon the construction to be given to chapter 231, Statutes of 1917, “An Act regulating the registration of electors of general, special and primary elections,” approved March 27, 1917, and particularly requesting the opinion of this office as to the respective jurisdictions of the County Clerks, the Justices of the Peace and the deputy registrars in registering voters for elections.

The particular section to be construed in section 10, which reads as follows:

All Justices of the Peace are hereby designated as deputy registrars for the purpose of carrying out the provision of this Act. The County Clerk of each county shall appoint deputy registrars, who shall have the power to administer oaths, in each precinct for such county distant more than five miles from the county courthouse and wherein no Justice of the Peace resides. It shall be the duty of the deputy registrar to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this Act. The deputy registrar shall be a resident elector within the precinct for which he is appointed, and shall receive as compensation for all services the sum of not more than fifteen cents for each elector registered, to be paid by the county after being approved by the County Clerk. Said registry agent shall forward, within two days after the filling out of any registry cards, all such cards so filled out to the County Clerk. Any deputy registrar violating any of the provisions of section 11 of this Act shall be guilty of a misdemeanor and be subject to a fine of not less than $25 nor more than $100, for each offense.





I am of the opinion that the Act is to be construed as follows:

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Third--Additional registrars shall be appointed by the County Clerk for all precincts which are five miles distant from the county courthouse and in which no Justice of the Peace resides.

Fourth--Any voter may register direct with the County Clerk as ex officio registrar.

Fifth-- Justices of the Peace who live within five miles of the county courthouse shall register all voters within such district, although any voter may register direct with the County Clerk as above indicated.

Sixth--Justices of the Peace whose precincts are more than five miles distant from the county courthouse shall register all voters within their respective precincts.

Seventh--Deputy registrars (other than Justices of the Peace) shall be appointed by the County Clerk to register all electors living in precincts in which there is no Justice of the Peace and which is more than five miles distant from the county courthouse.

I am further of the opinion that no person’s right to vote will be jeopardized by the fact that his registration was taken before the wrong officer if it actually be taken by either the County Clerk, the Justice of the Peace or a deputy registrar duly qualified.

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STATE BOARD OF STOCK COMMISSIONERS, Reno, Nevada.

Gentlemen: Mr. Fred Dangberg of your Commission and Dr. Edwards Records have again taken up with me the question as to whether or not your board is authorized to offer rewards for the arrest and conviction of persons violating the laws of this State against felonious branding or stealing of stock, etc.

After careful consideration I am unable to modify my former opinion given to you in this matter. I am still of the opinion that the board has no authority to use its funds for rewards, and that the remedy lies with the Legislature. I would suggest that if you feel such action advisable you make recommendation to the next Legislature in your report that the Act be so amended as to permit you to offer rewards in proper cases.

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195. Industrial Insurance Commission--Employees--Compensation.

An employee within the purview of the old Industrial Insurance Act cannot receive in excess of $5,000 from the Commission for the loss of sight of both eyes.

–  –  –

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

Dear Sir: We desire to acknowledge receipt of your recent letter in which you ask for an

opinion upon the following question:

Where an employee, within the purview of the Nevada Industrial Insurance Act, chapter 111, Statutes of 1913, as amended by chapter 190, Statutes of 1915, received an injury to his left eye for which he was awarded compensation, as provided in section 25 of said statute, of $342 for temporary total disability (duration 5 21/30 months) and $1,500 as permanent partial disability due to the loss of sight of the injured eye (being compensation of $60 per month for 25 months); and where subsequently the sight of the other eye failed from sympathetic ophthalmia, due entirely to the original injury, thereby producing permanent total disability, is claimant entitled to compensation for permanent total disability of 50 per cent of his average monthly wage, but not more than $60 a month, for a period not to exceed 100 months, total amount not to exceed $5,000 (deducting $1,500 previously paid for the loss of the left eye), in addition to compensation paid for temporary total disability, or is $5,000 the maximum amount an injured employee can receive for all disabilities following a single injury?

The provision of law applicable to this particular question are found in section 25 of the

amended Industrial Act (Stats. 1915, p. 286), and read as follows:

Every employee or workman coming within the provisions of this Act, who shall be injured by accident arising out of or in the course of employment, or his dependents, as hereinafter named, shall be entitled to receive the following compensation: * * * For temporary total disability, compensation of fifty per cent of the average monthly wage, but not more than sixty dollars nor less than twenty dollars a month, but not exceeding one hundred months during the period of such disability, total amount not to exceed five thousand dollars. * * * For temporary partial disability, one-half of the difference between the wages earned before injury and wages which the injured is able to earn thereafter, but not more than forty dollars a month for a period not to exceed sixty months during the period of such disability. * * * In the case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability and the amounts named shall be paid in addition to compensation paid for temporary total disability: * * *

–  –  –

For permanent total disability, compensation of fifty per cent of the average monthly wage, but not more than sixty dollars nor less than twenty dollars a month, for a period not to exceed one hundred months, total amount not to exceed five thousand dollars.

–  –  –

Where there has been a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability, as it existed at the time of the subsequent injury.

In view of these positive provisions, we are of the opinion that an employee within the purview of the old Act cannot receive in excess of $5,000 from the Commission for the loss of sight of both eyes.

–  –  –

By WM. McKNIGHT, Deputy.

196. Industrial Insurance Commission--Jockeys--Employment.

A jockey cannot be said to be an employee of a particular horseman if his services can be procured by other horsemen. Under such circumstances he would be classed as an independent contractor and not entitled to the benefits of the Industrial Insurance Act.

–  –  –

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

Dear Mr. Smith: We wish to acknowledge receipt of your letter in which you ask the

following question:

Should a jockey, whose services can be had by any horseman entering horses in a race, be considered an employee of each horseman for whom he rides and, therefore, within the purview of the Nevada Industrial Insurance Act, or does he have the status of an independent contractor and, therefore, not entitled to the benefits of the Act?

Replying thereto, will say that a jockey cannot be said to be an employee of a particular horseman if his services can be procured by any horseman. Under such circumstances he would be classed as an independent contractor and not entitled to the benefits of the Industrial Insurance Act.

–  –  –

By WM. McKNIGHT, Deputy.

197. Public Schools--Peace Officers--Policemen.

A policeman of the city of Sparks is a peace officer and is, therefor, authorized to arrest during school hours without a warrant any truant child between the age of 8 and 16 years under the provisions of section 3447, Rev. Laws.

–  –  –

MR. C. H. MEEKER, City Superintendent of Schools, Sparks, Nevada.

Dear Sir: In some way answer to your favor of the 24th ultimo has been overlooked until now.

You call my attention to section 207 of the School Code (Rev. Laws, 3447), which provides that: “It shall be the duty of the attendance officer or any peace officer or other school officer to arrest.” etc. You inquire whether or not the words “any police officer” would apply to a Sparks policeman.

There can be no doubt but that the Chief of Police of Sparks is a peace officer and that the law applies to him and that it is his duty to act under said law whenever requested.



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