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day in the term fixed by law. It was not the intention of the framers of the law that the Board should remain in session sixteen or twenty days if there was no business for them to transact, and if a taxpayer had a grievance to bring before the Board he should be present on the first day of their meeting and state his grievance or notify them that he has a complaint to present, and requesting them to set a day during the term in which he can be heard.

The term of the Board of Equalization is fixed by law and its duration limited. When they meet at the proper time they may adjourn from day to day, or to any day fixed by law for them to transact business, but when they did meet on the 15th day of September, 1890, and adjourn to the 20th day of October, there ceased to be any Board of Equalization after that day for that year, as their powers ceased on the first Monday in October as a Board of Equalization, except to examine the cases mentioned in the statute, and this does not fall within that class of cases.

Therefore, when the two members of the Board of Equalization. met on the 2d day of October, 1890, not having given notice of such meeting, and proceeded to hear the complaint of the Central Pacific Railroad Company and reduced the Assessor's valuation of the railroad from $14,000 to $12,000 per mile, their acts were unauthorized and illegal, and therefore void.

The judgment was affirmed.

The State of Nevada ex rel. J. A. Blossom, relator, vs. R. L. Horton, State Controller, respondent. This was an original proceeding brought by Blossom against the Controller to compel him to draw his warrant for the sum of $1,765, as a bounty for digging an artesian well, under the Act of 1889. The Board of Examiners allowed the claim for the full amount of $1,765; the claim was presented to the Controller for his allowance, and the Controller, upon my advice, refused to allow it or draw his warrant for the same. It appeared that a well had been sunk on the same quarter section of land upon which the Blossom well was sunk, and a bounty paid thereon under the Act of 1887. The Court held that where a party had sunk a well and obtained a bounty under the Act of 1887, that it was not the intention or the understanding of the Legislature that another person could enter upon the same quarter section of land, sink a well and obtain the bounty provided for under the provisions of the Act of 1889. The writ was accordingly denied.

The State of Nevada vs. Thomas Murphy, respondent. Appeal from the District Court of Storey county. This case was appealed by the State from an order overruling a demurrer to a plea of former conviction interposed by the defendant and directing that the defendant be thereupon discharged from custody.

The defendant moved to dismiss the appeal upon the ground that

there was no bill of exceptions or statement in the case. The motion was granted and the appeal dismissed.

The State of Nevada ex rel. S. Summerfield, relator, vs. W. G. Clarke, appellant.

In this case the facts show that while the appellant was legally exercising the office of Notary Public in this State, he was appointed Receiver of Public Money in the United States Land Office at Car son City.

The Court below held that the two offices were incompatible under the provisions of Section 9 of Article IV. of the Constitution of Nevada, which reads as follows: "No person holding any lucrative office under the Government of the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that Postmasters whose compensation does not exceed $500 per annum, or Commissioners of Deeds, shall not be deemed as holding a lucrative office."

The appellant contended that the office of Notary Public was not a "civil office of profit under this State," within the meaning of this section, and was the only question presented to the court for its decision.

The judgment of the lower court was affirmed, the Court holding that a Notary Public came within the provisions of this section of the Constitution.

REPORTS OF DISTRICT ATTORNEYS.

The Legislature of 1889 passed an Act entitled "An Act to require District Attorneys to make certain reports to the Attorney General. "

The following reports of the various District Attorneys throughout the State will show that a great number of prosecutions have not been reported to the Attorney General, for the reason that they are prosecutions had in Justices' Courts and away from the county seats of the different counties, and it is not at all practicable for the several District Attorneys of the State to be present in Justices Courts in the various precincts within their counties. Thus it will be seen that a great many petit crimes and the costs and fines cannot and have not been reported to this office. I would respectfully suggest that the law be amended so as to compel the Justices of the Peace in the various counties throughout the State to report to the respective District Attorneys each month the number and character of prosecutions, the number of persons convicted and the average punishment on conviction, the number of persons acquitted or as to whom prosecutions were abated or dismissed, also the costs of each prosecution and the amount of fines paid therein; also that it be amended, compelling District Attorneys to make a statement of the facts in every case in which the defendant pleads guilty. As to the remaining portion of the Act, I believe it to be most excellent and has been of material aid to the Board of Pardons during the past two

years.

In case the Legislature should ever deem it expedient to consolidate counties these reports of the various District Attorneys would be of great benefit and contain a fund of information

You will notice that a great number of the reports are incomplete, for the reason that the District Attorneys in some of the counties. have been unable to ascertain the number of prosecutions, convictions, acquittals, dismissals, etc., and the costs and fines paid, for the reason that it has not been practicable, nor is there any provision made in the law for them to go to the various precincts and ascertain these facts.

Churchill County-William Murphy, District Attorney.

This officer reports that there has been no criminal business done. in either 1891 or 1892.

Douglas County-D. W. Virgin, District Attorney.

REPORT FOR 1891.

Whole number of cases prosecuted, 9; convictions, 3; acquittals, 1; dismissals, 2; pending, 3; average punishments on convictions: imprisonment, 1 year; fines, $2 55; whole amount of money paid as fines, $5 10; whole amount of costs paid by county, $594 20. The offenses were: Assault and battery, 2; selling liquor to Indians, 2; grand larceny, 4; petit larceny, 1.

REPORT FOR 1892.

Whole number of convictions, 7, as follows: Assault and battery, 3; disturbing the peace, 2; petit larceny, 1; selling liquor to Indians, 1. Average punishment for assault and battery, $6 66; average punishment for disturbing the peace, $7; average punishment for petit larceny, 12 days in the County Jail. The other cases were ignored by the Grand Jury and two more cases of assault and battery were tried by jury and the defendants acquitted. One case of embezzlement: The defendant was tried and acquitted.

The aggregate amount of fines paid in during the year 1892 was $29, and the aggregate expense to Douglas county of the above prosecutions was $1,540 25.

Elko County-J. A. Plummer, District Attorney.

REPORT FOR 1891.

Whole number of cases prosecuted, 6; whole number of convictions, 5; whole number of acquittals, 1; whole amount of cost paid by county, about $3,350. The offenses were: Murder, 1; burglary, 1; obtaining money under false pretenses, 1; selling liquor to Indians, 3. In addition to the above, 33 persons were committed to the County Jail for various petit offenses.

REPORT FOR 1892.

I have the honor to report that the prosecutions in Elko county for the year ending December 1, 1892, cover one case of grand larceny; dismissed upon the plea of guilty of petit larceny being entered, and one case of grand larceny, in which a verdict of not guilty was returned by the jury. Cost to the county about $500. This does not include prosecutions in the various Justices Court in Elko county.

Esmeralda County-P. M. Bowler, District Attorney.

REPORT FOR 1891.

Whole number of prosecutions in District Court, 5; whole number of convictions, 4; whole number of cases pending 1 (jury dis

agreed); average punishment on convictions, 18 months; whole amount of costs paid by county, $3,050.

The offenses were: Selling whisky to Indians, 3; grand larceny, 1; assault with deadly weapon with intent to kill, 1.

REPORT FOR 1892.

Whole number of prosecutions, 8; whole number of convictions, 3; whole number of cases acquitted, 1; whole number of cases dismissed, 2; whole number of cases pending, 2; whole amount of costs paid by county, about $800.

The offenses were: Murder, 1; assault with deadly weapon with intent to kill, 1; disturbing the peace, 2; petit larceny, 1; disposing of opium, 1.

Eureka County---Peter Breen, District Attorney.

REPORT FOR 1891.

Whole number of cases prosecuted, 3; whole number of convictions, 3. The offenses were: Housebreaking, 2; selling liquor to Indians, 1; average punishment, 15 months; whole number prosecuted and convicted in Justice Court, 21; whole number prosecuted and acquitted, 4; number dismissed, 3. The offenses were: Assault and battery, 9; disturbing the peace, 11; shearing sheep in the town limits, 2; drawing deadly weapon, 2; having opium pipe in possession, 1; selling opium, 1; total amount of tines collected, $55; uncollected, $294; average punishment, 15 days. [The amount of costs to the county is not stated.]

REPORT FOR 1892.

Whole number of cases prosecuted, 5; whole number of convictions, 4; whole number of acquittals, 1; whole number of cases pending, 5; to-wit: housebreaking, 1; selling whisky to Indian, 1; grand larceny, 1; obstructing railroad track, 1; murder, 1; average punishment, 24 months. [The above applies to the District Court and the costs of prosecution are not stated.] Prosecutions in Justice Court, 19; convicted, 12; acquitted, 4; dismissed, 3. The offenses were: Assault and battery, 8; disturbing the peace, 6; drawing and exhibiting a deadly weapon, 2; malicious mischief, 1; selling meat without exhibiting the hide, 1; selling goods without license, 1; the average punishment, 9 days in County Jail; fines collected, $61; fines uncollected, $358. [The amount of costs incurred in the prosecution of the above offenses have not been stated.]

Humboldt County-E. L. Williams, District Attorney.

REPORT FOR 1891.

Whole number of prosecutions, 120; felonies, 31; misdemeanors, 89: number of convictions, 86; number of dismissals and acquittals. 34.

There were twelve convictions of felony with an average punish

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