Legal Opinion

State Ex Rel. McNamee v. Spinner

Nevada Supreme Court

Decided October 5, 1894No. 1412PublishedCited by 3 opinions

Original proceeding. Application for alternative writ of ’ mandamus. The facts are sufficiently stated in the opinion. The only question presented for determination is the constitutionality of the act of the legislature of Nevada fixing the salary of the justice of the peace of Eureka township, Eureka county.

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Original proceeding. Application for alternative writ of ’ mandamus. The facts are sufficiently stated in the opinion. The only question presented for determination is the constitutionality of the act of the legislature of Nevada fixing the salary of the justice of the peace of Eureka township, Eureka county. (Stats. 1891, p. 35.) It has been the uniform custom of the Legislature, from the adoption of the state constitution to the present time, to pass local and special laws regulating the fees and compensation of county .and township officers. In the debates in the constitutional convention…

1Opinion of the Court

By the Court,

Belknap, J.:

This is an application for a writ of mandanvux requiring the respondent, as ex officio auditor of Eureka county, to audit and allow the relator’s claim for salary as justice of the peace of Eureka township.

At the session of the legislature in the year 1891, an act was passed allowing the justice of the peace of Eureka township a salary of $60 per month, in lieu of fees. (Stats. 1891, p. 35.) The only question is whether the legislature had the power to adopt a special law applicable to the incumbent of this office.

The objection is that the law is special and local,…

2Cases cited2 opinions

  1. Comstock Mill & Mining Co. v. AllenNevada Supreme Court · 1892
  2. State ex rel. Williams v. FogusNevada Supreme Court · 1885

3Cited by3 opinions

  1. Moore v. Humboldt CountyNevada Supreme Court · 1922
  2. Russell v. Esmeralda CountyNevada Supreme Court · 1910
  3. Moore v. Humboldt CountyNevada Supreme Court · 1925

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