State ex rel. Rosenstock v. Swift
Nevada Supreme Court
This was an original proceeding in tbe Supreme Court-in tbe nature of a writ of quo toarranúo to determine tbe right of S. T. Swift, sheriff of Ormsby county, to hold and exercise the office of marshal of Carson city, under the act of the legislature approved February 25, 1875, incorpor-r ating said city. I. Tbe act of the legislature to incorporate Carson city is unconstitutional for the reason that it appoints the officers of the city.
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This was an original proceeding in tbe Supreme Court-in tbe nature of a writ of quo toarranúo to determine tbe right of S. T. Swift, sheriff of Ormsby county, to hold and exercise the office of marshal of Carson city, under the act of the legislature approved February 25, 1875, incorpor-r ating said city. I. Tbe act of the legislature to incorporate Carson city is unconstitutional for the reason that it appoints the officers of the city. (Stats. 1875, 88, sec. 4.) The power to appoint to office is an executive power. (Const, art. 5, sec. 1-8; Const, art. 15, sec. 10; 4 Abbott’s Pr. 35; 1…
1Opinion of the Court
By the Court,
Earll, J.:
This is a complaint or information by the attorney-general of this state, in the nature of a quo warranto, instituted at the relation of Joseph Rosenstock, to determine the right of the respondent to hold and exercise the office of marshal of Carson city. The respondent demurred to the complaint *134or information on the general ground that it does not state facts sufficient to constitute a cause of action; hence the facts stated therein are to be taken as admitted.
The questions presented involve the validity of the act entitled “An act to incorporate Carson city,’’approved…
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